
Gass L'fi 'LLi 



wo 



Book 



OFFICIAL XJONAXION. 



ACTS 



BOAED OF EDUCATION 



ST.VrE OF ALABAMA. 



SESSION COMMENCING NOVEMBER 16, 1874. 



MONTGOMERY, ALA. 

W. W. SCREWS, STATE PRINTEK 

1875. 



_^CT 



A&l 



BOAED OF EDUCATION 



STATE OF ALABAMA. 



SESSION COMMENCING NOVEMBER 16, 18U. 




MONTGOMERY, ALA. 

"W. W. SCREWS, STATE PRINTER 



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SCHOOL LAWS. 



Ko. 1.] a:n act 

To provide for filing and adjusting all claims against the 
Educational Department of the State, which accrued 
prior to the first of October, 1874 

Section 1. Be it enacted by the Board of Education of 
the State of Alabama, That all county superintendents of qi^^^ + v, 
education, teachers of free public schools, and other per- forwarded to 
sons, who have claims unpaid against the educational de- j^P*- o^' ?ibiic 
partment of the State of Alabama, for services rendered 
prior to the first day of October, 1874, be and they are 
hereby required to forward to the Superintendent of 
Public Instruction at Montgomery, Alabama, such claims, 
properly made out, with the evidence of said indebted- 
ness hereinafter set forth^ and verified by the affidavit of 
claimant, by the first day of October, 1875 ; Provided, 
That claims of teachers shall be accompanied by the cer- Evidencei. 
tificate of the county superintendent of education acting 
at the time the service was rendered, or the county su- 
perintendent of education acting at the time the claim 
is made out, that the teacher was a licensed teacher 
at the time the service was rendered ; that the service 
was rendered in pursuance of law and a valid contract ; 
that the claim is unpaid ; the amount due, according to. 
contract, and unpaid, and the reasons why the claim is 
unpaid. If neither the county superintendent of educa- 
tion acting at the time the service was rendered, nor the 
county superintendent of education acting at the time 
the claim is made out, is able, from any cause, to make 



187J: 4 

the certificate above required, then the certificate of as 
many of the township trustees acting at the time the 
service was rendered, or acting at the time the claim is 
made out, as can certify to the above required facts, shall 
be sufficient ; and when such certificate is not made by 
a county superintendent, but by one or more trustees, 
the affidavit of the claimant shall state the reason why 
the certificate of the county superintendent could not 
be procured, and the county superintendent of educa- 
tion acting at the time the claim is made out, shall cer- 
tif}^ that the person making the certificate herein required 
vv^as either a trustee at the time the service w^as rendered, 
or at the time the claim is made out. 
Wben barred. Sec. 2. ^6 i^/?M^^/;.er ewacfec?, That all claims mentioned 
in section one of this act, not presented as provided for 
in said section by the first day of October, 1875, shall 
be and are hereby barred from collection. 
Duty of Su'pt. Sec. 3. Be it further enacted, That it shall be the duty 
Pub. inst'n. of the Superintendent of Public Instruction of the State 
of Alabama, and he is hereby required to file in his of- 
fice, all the claims and evidences of the same, forwarded 
under section one of this act, and to turn them over to 
the committee on finance and claims at the meeting of 
the board of education in the year 1875. 

Sec. 4. Be itfurtlier enacted. That it shall be the duty 
fore filed to be of the Superintendent of Public lustruction to return 
returned. such claims to claimants as were filed in his office, to- 
gether with all papers accompanying them, under an act 
of the board of education " to provide for filing and ad- 
justing all claims against the educational department of 
the State, which accrued prior to the first day of Octo- 
ber, 1873," approved December 5, 1873, upon application 
of claimants for the same ; and it shall be his duty to 
forward them by mail, or otherwise if required by claim- 
ants, immediately upon demand. 
This act must Sec. 5. Be it further enacted, That it shall be the duty 
be published. ^^ ^^^^ Superintendent of Public Instruction to have this 
act published in circular form, and forward immediately 
to each county superintendent in the State a sufficient 
quantity to supply his county. 

Sec. 6. Be it further ejiacted, That it shall be the duty 

auporintcTMTut of eacli county superintendent in the State to post up 

three of the circulars provided for in this act, in three 

public places of each township of his county, within 

twenty days after receiving the same. 



1874 



Sec. 7. Be it funkier enacted, That all laws and parts 
of laws in conflict with tlie provisions of this act be and 
the same are hereby repealed. 

Approved December 4, 1874. 



No. 2 ] AN ACT 

To provide for the payment of unsettled claims of teach- 
ers who taught prior to October 1st, 1874. 

Section 1. Be it enacted hy the Board of Education of 
the State of Alabama, That all persons who have taught Claims to be 
free public schools prior to October 1st, 1874, upon pre-suVs?^ 
senting their claims to the county superintendent of ed- 
ucation of the county in which said schools were taught, 
and furnishing the proof required by an act of the board 
of education, entitled "An act to provide for filing and 
adjusting all claims against the educational department," 
approved December 5, 1874, shall be paid out of any 
unexpended funds belonging to the township, accruing 
prior to October 1st, 1874, in which said schools were 
taught, and from the fund apportioned to the race taught 
by such teacher ; Provided, That no claim shall be paid jg^ proviso 
until all claims ar& presented and passed upon ; And 
provided further , That such claims are presented by the 2d proviso, 
first day of October, 1875 ; and if there is not a sufficient 
fund to pay the full amounts of such claims, the fund 
shall'be divided ]jro rata in proportion to the amount 
proved to be due. 

Sec. 2. J Be it further enacted, That all laws and parts .p j. 
of laws in conflict with the provisions of this act be and tion. 
the same are hereby repealed. 

Approved December 14, 1874. 



1874 6 

No. 3.] ■ AN ACT 

To repeal an act entitled "An act to provide for the re- 
moval of County Superintendents of Education, and 
for filling vacancies in the same." 

Section 1. Be it enacted hy the Board of Education of 
Act repealed, the State of Alabama, That an act entitled "An act to 
provide for the removal of county superintendents of 
education, and for filling vacancies in the same," ap- 
proved December 5, 1874, be and the same is hereby re- 
pealed. 

Approved December 5, 1874. 



No. 4.] AN ACT 

To regulate the term of office, and provide for the re- 
moval and appointment of County Superintendents of 
Education. 

Section 1, Be it enacted hy the Board of Education of 
Term of office the State of Alabama, That the term of office of county 
extended. superintendents of education now in office be and is 
hereby extended to next general election in 1876 ; Pro- 
Proviso vided, That the Superintendent of Public Instruction be 

and is hereby authorized to remove any county superin- 
tendent of education, whenever, in his opinion, the in- 
terests of public education demand such removal. 

Sec. 2. Be it further enacted, That the Superintendent 

jn^'n %i8 va- of Public Instruction be and he is hereby authorized to 

cancies. fill any vacancy that may occur in the office of county 

superintendent of education, caused by removal from 

office, death, resignation, or otherwise. 

Sec. 3. Be it further enacted. That all laws and parts 
of laws in conflict with the provisions of this act be and 
9,re hereby repealed. 

Approved December 5, 1874. 



7 1874 

No. 5.] AN ACT 

To empower County Treasurers of the several counties 
ot the State to draw from the State Treasury the 
amount of school moneys due their respective coun- 
ties, in accordance with the provisions of an act of 
the General Assembly, " To keep in each county in 
this State a proportionate share of the public school 
money," -approved April 19th, 1873. 

Section 1. Be it enacted by the Board of Education 
of the State of Alabama, That whenever the tax collector from insuffi- 
of an}'' county has failed to pay over to the county treas- ciency of state 
urer of his county the full amount of school money pro- county. 
vided for by an act of the General Assembly, " To keep 
in each county of this State a proportionate share of 
the public school money," approved April 19th, 1873, co. Supt. to 
by reason of insufficiency of taxes due from said county send statem'nt 
to the State, then the superintendent of education of inst'n!* " ^ ' 
each county shall forward forthwith a statement of the 
amount of school money paid over to the county treas- 
urer, and the amount of school fund due said county, to p^^y -pj g^p^^ 
the Superintendent of Public Instruction, who shall cer- rub. lust'n. 
tify tiie amount of school fund due said county to the 
Auditor, and the Auditor shall draw his warrant upon 
the State Treasurer for the amount of the deficiency 
certified by the Superintendent, of Public Instruction, Aud'r to draw 
in favor of the county treasurer, who shall draw and i?*" warrant in 

-,. ■, . -. ,< -, •l^ i-i • • lavor 01 coiiu- 

disburse said amount m accordance with the provisions ty treasurers. 
of an act of the Board of Education entitled "An act to 
provide for the disbursement of school funds in the 
county treasury and State treasuiy," approved Dec. 9th, 
1873. 

Sec. 2. Be it further enacted, That whenever the tax 
collector of any county has failed to pay over to the 
county treasurer of his county the full amount of the)^'^®^*^*^^°oi" 
Auditor's warrant, drawn upon said tax collector in fa- paid over tax- 
vor of the county treasurer for the amount of school ^^, *° , ^^^^-^ 
money apportioned to said county in accordance with 
the provisions of an act of the General Assembly, " To 
keep in each county of this State a proportionate share 
of the public school fund," approved April 19th, 1873, 
or has paid money into the State treasury which ought co. Supt. to 
to have been paid to the county treasurer, then the su-™^i^^'v^po-"';.-° 
perintendent of education of said county shall forward stmction.'' 



1874 8 

to the Superintendent of Public Instruction the amount 
paid on said Auditor's warant to the county treasurer, 
and the amount due and unpaid, and the Superintend- 
D t f SniDt ®^^ ^^ Public Instruction shall certify to the Auditor the 
Pub. inst'n. ' amount of school money due and unpaid on said war- 
rant, and the Auditor shall draw his warrant for the 
amount of the deficiency of school money thus certified 
as due said county on the State Treasurer in favor of the 
Aud'r to draw county treasurer, who shall draw and di^urse said 
warrant in fa- amount of school i'uuds due his county, in accordance 
treasurers!"*^ ^^^^ ^^^ provisions of an act of the Board of Education 
entitled "An act to provide for the disbursement of 
school funds in the hands of county treasurers and Sitate 
Treasurer," approved December 9th, 1873. 
,. Sec. 3. Be it further enacted, That all laws and parts 

tionf ^'^"^ ^^^' of laws in conflict with the provisions of this act be and 
the same are hereby repealed. 
Approved December 8, 1874. 



Trustees to 



No. 6.] AN ACT 

To regulate the Free Pulic Schools of Alabama. 

Section 1, Be it enacted hy the Board of Education of 
the State of Alabama, That the township trustees of 
hoid"°'aimuai each township or school district in the State of Ala- 
meetings, bama, except as hereinafter provided, shall hold an an- 
nual session on the second Monday in January, 1875, 
and of each year thereafter, and shall continue in ses- 
sion from day to day, until all business imposed by this 
May adjourn law is disposed of : Provided, They may have power to 
fi^ed ^^^ ^^^''^' S'djourn to any day specified, not to esceed twenty days 
from the regular day of meeting : Provided further, That 
two of the trustees shall be required to constitute a 
quorum to transact business, but one may adjourn the 
meeting from day to day. At said annual session they 
shall transact the following business : 
Business to be l^t. They shall determine the number of schools that 
transacted, shall be established in their respective townships for 
the ensuing scholastic year, and shall designate said 
schools by numbers. 

2d. They shall apportion to each school so estab- 
ApportionnVut lishecl the amount it shall receive from the public school 



9 1874 

fund apportioned to said township or district for the 
ensuing scholastic year. 

3d. They shall fix for the location of each school, the Location of 
time of its opening, the length of the session, which schools and 
shall be not less than twenty weeks, except as herein- gioS. ° ^^^' 
after provided. 

4th. They shall determine the number of and what 
children shall be transferred from their township, and nr,j.g^^gfgj,g_ 
to what township transferred, during the current scholas- 
tic year, and shall set apart an amount of the money 
apportioned to their township to pay for said transferred 
children, in the proportion which the number of such 
children bears to the whole number of children within 
the educational age in the township. 

5th. They shall transact such other business as may otter business 
be necessary to carry out the provisions of this act. 

Sec. 2. Be it furtJier enacted, That it shall be the duty 
of the trustees, by posting notices in not less than three 
pubUc places within the township, to give at least ten Must give no- 
days notice of the time and place of holding said ses- *^'^*^- 
sion, and in said notices they shall clearly set forth the 
business to be transacted as enumerated in section one 
of this act. 

Sec. 3. Be it furtlier enacted, That it shall be the 
duty of the trustees before opening any school to for- 
ward to the county superintendent of education a cer- 
tified copy of their proceedings at then- annual ses- 
sion, and the county superintendent shall make a record, ggnt^o county 
in a book kept for the purpose, of the time of opening superinteud'nt 
and the amount apportioned to each school, the num- 
ber transferred and the amount apportioned to such 
transferred scholars, specifying said school by number 
and township, and said amount shall be reserved for 
the payment of t]ie teacher of the school to which it is 
apportioned, in accordance with the provisions of this 
act. 

Sec. 4. Be it further enacted. That the trustees shall 
in no case contract with teachers or open schools until 
they shall have definitely determined the number and g^^oo^^^^t^^^ 
location of the schools in. their respective townships, 
and the amount of money each school shall receive from 
the school fund apportioned to their townships. _ ^^^^^ ^^^ 

Sec. 5. Be it further enacted. That from and after J an- more than one- 
uary 1, 1875, township trustees shall not contract ^o ^onment'^^°er 
pay any teacher of a public school from the school fund month. 



1874 10 

more per month than one-fifth of the amount apportioned 

to said school by the trustees at their annual session, 

Proviso. except as hereinafter provided : Provided, That the 

trustees or patrons of any public school may contract 

with the teacher or teachers of said school to pay them 

in addition to the amount specified in their contract 

with the trustees, such additional sum, and in such man- 
Patrons may ^ ' -. -. • -i , • i 
supplement. Hcr, as may be agreed upon by said patrons or trustees 

and said teachers ; but said school shall be a free public 
school, under the control and supervision of the trustees 
and other school officers, as provided by law, at which 
all the children in the township, within the educational 
age, belonging to the race for which the school was es- 
tablished, shall be permitted to attend, whether they or 
those having control of them shall or shall not be able 
to contribute anything out of their private funds for the 
support of said school, and every such school shall con- 
tinue not less than twenty weeks, 

Sec. 6. Be it further- enacted, That the township trus- 
siisp'nd school tees may, and it shall be their duty to suspend every 
school which may have been established in their respect- 
ive townships, at which the average daily attendance of 
ProTiso. pupils is less than ten : Provided, That when any such 

school is suspended, the county superintendent of edu- 
cation shall pay the teacher thereof only for the time he 
actually taught said school according to approved con- 
tract, and at the rate agreed upon by the trustees with 
said teacher ; and all contracts made by trustees with 
teachers shall be subject to the provisions of this secr 
tion. 

Sec. 7. Be it further enacted, That whenever any 

school which has been established under the provisions 

Fund appor- ^^ ^^^^ ^^^ ^® Suspended, all the school fund which shall 

tioned to re- have been apportioned to said school by the township 

'*'®^** trustees in excess of the amount due to the teacher for 

the time he actually taught, shall revert to the general 

township fund, and shall be apportioned by the trustees 

of said township to the other schools in said township 

2oro rata, for the race to which it was apportioned, which 

continue in operation during the- time prescribed in the 

contract. 

But one school Sec. 8. Be it further enacted, That there shall be es- 

for each $100. tablislied for each race but one school in a township for 

each one hundred dollars apportioned to the race for 

which said school is established, and but one additional 



11 1874 

school for each additional one hundred dollars to each 
race, unless the school fund apportioned. to each race is 
supplemented in the manner provided for in section five 
of this act, by an amount sufficient to continue all the ppoyiso 
schools established for each race in operation twenty 
weeks : Provided, That the schools established for one 
race may be supplemented without the schools for the 
other race being supplemented — each race which desires 
additional schools shall supplement the fund appor- 
tioned to its own race, and neither race shall be required 
to supplement the schools of the opposite race in order 
to secure additional schools. 

Sec. 9. Be it further enacted, That the trustees, as far g^i^oQig ^q ^q 
as practicable, shall apportion to every free public school kept in oper- 
established an amount sufficient to keep said schools in?f:i°5i, +^^5^® 
operation for the same length oi time, due regard being 
had to the ability of patrons to supplement the school 
fund, the number of pupils, gi'ade of school and the 
qualifications of teachers. 

Sec. 10. Be it further enacted, That whenever the 
amount of school fund apportioned to either race in a 
township is less than one hundred dollars jper annum, 
and it cannot be supplemented, the trustees may, atxmstees may 
their discretion, contract with a teacher for a less time contract for 

i-i n ,1 T J- T(¥ j_ J. J.1 less time tnan 

than nve months, and lor a dinerent amount per montli ^ve months in 
than that specified in section five of this act, but in said certain cases. 
township only one school shall be established for the 
race to which less than one hundred dollars is appor- 
tioned, and not more than thirty dollars per month 
shall be paid to the teacher of said school out of the Proviso. 
public school fund of said township : Provided, That in 
no case shall a pubhc school of this class be established 
for a less time than twelve weeks, or continue with less 
than ten pupils. 

Sec. 11. Be it further enacted. That when but oneg^j^Q^j ^^ ^^ 
school is established in a township, it shall be so located near centre of 
as to accommodate the largest number of pupils, it^gp^^iQ^P 
being the purpose of this section to encourage the build- 
ing of a permanent school house as near the centre of 
the township as possible, whenever it can be done with- 
out material injury or inconvenience to the children 
within the educational age in such township : Provided, ^°^^ ° 
That the trustees may change the location from year to 
year in order to provide for those who were not in reach 
of the school in previous years. 



m 

cases. 



1874 12 

Sec. 12. Be it further enacted, That in to-wnsliips 
where the amoyint apportioned to either race is less than 
May postpone fifty dollars, the trustees may postpone opening the 
open'g schools schools for that race to which less than fifty dollars has 
'' 'been apportioned until aa amount of school fund shall 
accrue to that race sufficient to keep said school in 
. operation twelve weeks. But in no case shall the open- 
supplemented^ i^g of *ti6 school be postponed where the race to which 
the money is apportioned is willing to supplement the 
school fund with an amount sufficient to continue the 
Fund does not scliool in operation twelve weeks. But in case the 
revert. scliool is not opened, the fund apportioned to said race 

shall not revert to the general school fund, but shall be 
placed to the credit of the township until such time as 
Proviso. such accumulation shall take place : Provided, That in 

any township in which no such school is practicable, the 
school fund shall revert to the general school fund of 
the county at the expiration of three years. 

Sec. 13. Be it further enacted, That an appeal may be 
taken! ™^^ ^ taken from the decisions and actions of the board of 
trustees to the county superintendent, who shall notify 
the board of trustees of said appeal and appoint a day 
on which to hear and decide in regard to the matter 
referred to him, and his decision shall be final. 

Sec. 14. Be it further enacted, That the trustees shall 

make all contracts with teachers in triplicate, and shall 

specify the amount to be paid per month from the 

Contracts i n school funds, and one copy of said contract shall be 

mlfst'^'be' 'ap^ forwarded by the township trustees to the county su- 

proved. perintendent for his approval, within ten days after said 

contract is signed, and no school shall be opened until 

said contract is approved. 

Sec. 16. Be it further enacted, That whenever a school 
established by the trustees is not opened during the 
current scholastic year, the county superintendent of 
education shall divide pro rata the money appropriated 
established °is fo^ s^i^ scliool amouug the remaining schools of the 
iiot opened, race to wliicli it was appropriated which continue in 
operation for the time prescribed in their contracts, and 
among the children transferred from such township 
attending school during said year. 

Sec. 16. Be it further enacted., That whenever a school 

shall be discontinued before the expiration of the time 

for which it should have been taught according to the 

is discontinu'd contract, the county superintendent shall withhold the 



13 1874 

amount of money appropriated to said school ; but if it 
appear that said school closed from no violation of con- 
tract on the part of the teacher, the county superin- Funds with- 
tendent, upon the recommendation of a majority of the i^eid. 
trustees, shall pay the teacher the amount due him for 
services actually rendered, at the rate per month pro- 
vided in the contract ; but in no case shall the teacher re- 
ceive additional compensation from the school fund. The Dividedjamong 
unexpended portion of said school fund shall be divided °^^^^ schools. 
among the remaining schools, for the race to which it 
was appropriated, which continue in operation during 
the time prescribed in the contract. 

Sec. 17. Be it ftcrther enacted, That in establishing Preference to 
and locating schools, the trustees shall give preference ^® s^"^*^^- 
to all schools whose patrons will supplement the fund 
so as to continue them in operation not less than twenty 
weeks; it being the intent a,nd object of this act that the 
free public schools of this State shall continue in opera- 
tion for a continuous session of not less than twenty 
weeks, except as otherwise hereinafter provided. tms act not to 

Sec. 18. Be it further' enacted, That the provisions of apply to cities, 
this act shall not apply to cities and incorporated towns ^*"' 
which are provided for by local laws. 

Sec. 19. Be it further enacted. That all laws and parts 
of laws in conflict with the provisions of this act be, and 
the same are hereby^repealed : Provided, That the pro- Proviso, 
visions of this act shall not conflict with any free public 
school now being taught, or which may hereafter be 
taught, under contract heretofore made. 

Approved December 10, 1874. 



No. 7.] AN ACT 

To provide a Contingent Fund. 

Section 1. Be it enacted by the Board of Education of 
the State of Alahama, That the sum of' one thousand Appropriation 
dollars be and is hereby appropriated from the general 
school fund, to provide for the contingent expenses of 
the board of education e.nd Superintendent of Public 
Instruction. 

Sec. 2. Be it further enacted, That the Superintendent Manner ofpay- 
of Public Instruction shall certify to such claims and ac- i"s claims. 



1874 



14 



counts as lie shall order paid out of such contingent fund 
to the State Auditor, who shall draw his warrant on the 
State Treasurer for the amount of said claims and ac- 
counts in favor of the persons to whom said claims are 
due. 

Approved December 11, 1874. 



No. 8.] 



AN ACT 



To provide for the codification and publication of all 
laws relating to Free Public Schools. 



Employment 
of assistance 
authorized. 



Section 1. Be it enacted hy the Board of Education of 
the State of Alabama, That the Superintendent of Pub^ 
lie Instruction be and is hereby authorized to codify 
all laws relating to the free public schools of Alabama, 
and is hereby authorized to employ such clerical assist- 
ance as may be necessary in the codification of such 
laws. 

Sec. 2. Be it further enacted, That the Superintendent 
of Public Instruction shall certify the amount due for 
such clerical services to the Auditor, who shall draw his 
warrant upon the Treasurer for the amount thus certi- 
fied in favor of the person certified to have performed 
the work. 

Sec. 3. Be it further enacted, That the Superintendent 
be printed, of Public Instruction is authorized to have two thousand 
copies printed. 

Approved December 11, 1874. 



Payment of 
assistant. 



2000 copies to 



No. 9.] 



AN ACT 



To repeal an act entitled "An act for the payment of 
travelling expenses of County Superintendents," ap- 
proved December 14, 1871. 

Section 1. Be it enacted hy the Board of Education of 
the State of Alabama, That an act entitled "An act for 
the payment of travelling expenses of county superin- 
tendents," approved December 14, 1871, be and the same 
is hereby repealed. 

Approved December 11, 1874. 



15 1874 

No. 10.] AN ACT 

To rejDeal sections 4, 14, 15, 16, 19 and 20 of article ten 
of tlie laws relating to Public Schools of Alabama, 
codified by Joseph Hodgson. 

Section 1. Be it enacted by the Board of Education' of 
the State of Alabama, That sections 4, 14, 15, 16, 19 and 
20 of article ten of the laws relating to public schools, 
codified by Joseph Hodgson, be and the same are hereby 
repealed. 

Approved December 14, 1874. 



No. 11.] AN ACT 

To repeal an act entitled "An act to provide that Tax 
Collectors, in certain contingencies, shall perform the 
duties performed by and imposed on County Treas- 
urers," approved December 9, 1873. 

Section 1. Be it enacted hy the Board of Education of 
the State of Alabama, That an act entitled "An act to 
provide that tax collectors, in certain contingencies, shall 
perform the duties performed by and imposed on county 
treasurers," approved December 9, 1873, be and the same 
is hereby repealed. 

Approved December 14, 1874. 



No. 12.] AN ACT 

To provide for the apportionment of local school funds. 

Section 1. Be it enacted hy the Board of Education qfrj,^ ^^ appor- 
the State of Alabama, That all local school funds raised tioned in dis- 
f or the support of free public schools, by taxation or other- ll^^l^ °^ *^^®' 
wise, shall be apportioned and expended in the district or 
districts where such funds have been raised, under such 
rules and regulations as the board of trustees of said 
district, or other local school board provided by law may 
prescribe ; Provided, That this section shall not be con- proviso. 
strued to repeal any provision for the apportionment 



1874 16 

and disbursement of the moneys mentioned in this act, 

provided for in special or local laws ; Provided further, 

Private contri- That all funds contributed by private parties, or other- 

butions. wise, to Said district, shall be applied as indicated in the 

grant from such contributors. 

Sec. 2. Be it further enacted, That section 2, article 6, 
Kepeaiing sec- of the laws relating to public schools of Alabama, codi- 
j&ed by Joseph Hodgson, be and the same is hereby re- 
pealed; and all other laws and parts of laws in conflict 
with the provisions of this act be and the same are hereby 
repealed. 

Approved December 14, 1874. 



tion. 



No. 13.] AN ACT 

To repeal an act entitled "An act for the introduction of 
'Brown's First Lessons in Grammar' and 'Brown's 
Institutes in Grammar' into the free pubhc schools 
of this State," approved December 14, 1872. 

Section 1. Be it enacted by the Board of Education of 
Act repealed, ^/^g ^^^^g qJ^ Alabama, That an act entitled "An act for 
the introduction of 'Brown's First Lessons in Grammar' 
and 'Brown's Institutes in Grammar' into the free pub- 
lic schools of this State," approved December 14, 1872, 
be and the same is hereby repealed. 

Approved December 14, 1874. 



No. 14.] AN ACT 

To repeal an act entitled " An act to fix the salaries of 
Teachers, and provide for supplementing the same," 
approved December 20, 1871. 

Section 1. Be it enacted by the Board of Education of 
the State of Alabama, That an act entitled " An act to fix 
the salaries of teachers, and to provide for supplement- 
ing the same," approved December 20. 1871, be and the 
same is hereby repealed. 

Approved December 14, 1874. 



17 1874 

No. 15.] AN ACT 

To require County Superintendents of Education now 
in office to give new bonds. 

Section 1. Be it enacted by the Board of Education of 
the State of Alabama, That every county superintendent^^"". ^^^^^ to 
now in office, before receiving any money due the educa- ^^^^^' 
tional fund from the tax collector of his county, and on 
or before the 15th day of January, 1875, must enter into 
new bond, with good and sufficient sureties, the amount 
of the bond to be fixed by the Superintendent of Public 
Instruction, but in no case to be less than double the 
amount of money that may come into his hands at any 
one time ; and said bond must be approved by the judge 
of probate of the county and filed in the office of said 
judge of probate, and a certified copy shall also be filed Certified copy 
in the office of the Superintendent of Public Instruction pjb. inst'n!^ * 
for his approval ; Provided, That the Superintendent of 
Pubhc Instruction may require additional surety upon Additional se- 
the bond of any county superintendent of education, or <^'^"*y- 
a new bond and a different amount, whenever he may 
find it necessary for the protection of the educational 
fund of the county ; Provided further, That no county p^oyigo 
superintendent now in office, after receiving such notice 
to give additional surety, or a new bond, shall continue 
in the discharge of the duties of his office^ until such ad- 
ditional surety or new bond is given. 

Sec. 2. Beit furtJier enacted. That whenever any county Q^ce vacated 
superintendent of education now in office fails to give a by failure to 
new bond, as required in section one of this act, by^^^^™^ °^ ' 
the 15th day of January, 1875, his office shall become 
vacant. 

Sec. 3. Be it further enacted, That all laws and parts Repeaiin°' sec- 
of laws in conflict with the provisions of this act be and tion. 
she same are hereby repealed. 

Approved December 14, 1874. 



1874 18 

No. 16.] AN ACT 

To repeal article nine of the laws relating to the Public 
Schools of Alabama, codified by Joseph Hodgson. 

Section 1. Be it enacted hy the Board of Education of 
the State of Alabama, That article nine of the laws rej" 
lating to the public schools of Alabama, codified by 
Joseph Hodgson, be and the same is hereby repealed. 

Approved December 14, 1874. 



No. 17.] AN ACT 

To repeal an act entitled "An act to provide for trans- 
fer of children," approved December IG, 1871. 

Section 1. Be it enacted hy the Board of Education of 
the State of Alabama, That an act entitled "An act to 
provide for transfer of children," approved December 
16, 1871, be and the same is hereby repealed. 

Approved December 4, 1874. 



No. 18.] AN ACT 

To prescribe the duties of Teachers. 

Section 1. Be it enacted by the Board of Education of 
V^^^^ ^^^the State of Alabama, That every teacher of a free pub- 
lic school is hereby required, 1st. To obtain a certifi- 
cate of examination and qualification from the proper 
authority before entering into contract to teach a free 

certidcate. public school. 2d. To maintain good order in the 
school and on the play ground, to inculcate good morals 

jj. . ,. and faithfully impart instructions in the several branches 

taught. 3d. To see that the school room, fixtures, ap- 

Vioiations by paratus and appurtenances are not defaced or injured. 

pupils. 4th. To suspend pupils for grossly immoral conduct, or" 

persistent violation of the rules and regulations of the 

To enforce school, giving immediate notice to parents or guardians^ 

B^^ d "^d °^ ^^^^' ^^ enforce the rules, laws and regulations passed 

tion. by the Board of Education as far as relate to free pub- 



19 1874 

lie schools, and to certify to these facts in their re- Monthly re- 
ports. 6th. To make out and forward to the county ^°'^^* 
superintendent at the close of each month a report, ap- 
proved by the clerk of the board of trustees. 

Sec. 2. Be it further enacted, That each teacher of a 
free public school must forward to the county superin- te'rof ^reports" 
tendent of education a complete report in duplicate at 
the end of each month, setting forth the enrollment, 
attendance, grade of school, number of transferred 
scholars and from what township transferred, the 
branches taught and the number of pupils in each, dis- 
tinguishing between male and female, white and col- 
ored, stating monthly pay from educational fund from 
township in which the school is located, and from trans- 
ferred scholars, stating township and range from which 
said scolars are transferred, the number of days taught, 
the amount due for services from educational fund of 
the township, the number of visits of county superin- 
tendent, name and postoffice address of teacher. No 
teacher can draw any pay for services rendered until they 
have forwarded reports in accordance with the require- 
ments of this section, approved by the clerk of the 
board of trustees of the township in which the school is 
taught. 

Sec. 3. Be it further enacted, That all laws and parts g^P®^'^'^^ ^^°" 
of laws in conflict with the provisions of this act be, and 
the same are hereby repealed. 

Approved December 14, 1874. 



Ko. 19.] AN ACT 

To repeal an act entitled "An act to define the duties of 
County Superintendents of Education," approved 
August 5, 1868. 

Section 1. Be it enacted hy the Board of Education of 
the State of Alabama, That an act entitled "An act to 
define the duties of county superintendents," approted 
August 5, 1868, be, and the same is hereby repealed. 

Approved December 14, 1874. 



1874 20 

No. 20.] ■ AN ACT 

To repeal an act entitled "An act to protect Parents and 
Guardians in the matter of Text Books," approved 
September 6, 1869. 

Section 1. Be it enacted hy the Board of Education of 
the State of Alabama, Tliat an act entitled "An act to 
protect parents and guardians in the matter of text 
books," approved September 6, 1869, be, and the same 
is hereby repealed. 

Approved December 14, 1874. 



No. 21.] AN ACT 

To repeal "An act to define the manner of drawing and 
disbursing the School Moneys," approved December 
2, 1869. 

Section 1. Be it enacted by the Board of Education of 
the State of Alabama, That an act entitled "An act to 
define the manner of drawing and disbursing school 
money," approved December 2, 1869, be, and the same 
is hereby repealed. 

Approved December 14, 1874. 



Oath of office. 



No. 22.] AN ACT 

To prescribe the duties of Township Trustees. 

Section 1. Be it enacted by the Board of Education of 
the State of Alabama, That each trustee of the free pub- 
lic schools must, within ten days after his appointment 
or election, and before entering on his duties, take the 
oath prescribed by law, which oath the members may 
administer to each other. 

Sec. 2. Be it further enacted, That whenever the trus- 

Give bond to tees are about to sell or lease school lands, they must 

sell lands. gjyg bond, with security, payable to the State in a sum 

to be determined by the county superintendent of edu-^ 

cation j equal to the value of the school lands or the 



21 1874 

amount of tlie school funds of their townships, condi- 
tioned to discharge their duty faithfully so long as they 
may continue in office or continue to discharge any of 
such duties ; which bond must be approved by the 
county superintendent of education, and filed in his 
office. 

Sec. 3. Be it further enacted, That trustees of free 
public schools shall have immediate supervision of the Powers. 
free public schools in their respective townships, and 
shall have power to establish one or more schools 
therein, as the public necessity requires. They may 
employ such teacher or teacher as the amount of the 
fund coming to their townships will justify, and the 
wants and number of pupils may demand, which 
teacher or teachers shall in every case be first examined 
and licensed. 

Sec. 4. Be it further enacted, That in the location of 
free public schools, the board of trustees must have Location of 
reference to the population and neighborhood, paying sciioois. 
due regard to any school-house already built or site 
procured, as well as to all. other circumstances proper to 
be considered, so as to promote the best interests of free 
public education. 

Sec. 5. Be it further enacted. That they must visit the Must visit 
schools in their township at least once during each term schools, 
of the school by one or more of their number. 

Sec. 6. Be it further enacted, That the Board *of trus- 
tees of each township must, during the month of Sep- Census report. 
,tember, 1875, and every two years thereafter, make an 
enumeration of all the children, white and colored, male 
and female, between the age of five and tv/enty-one 
j^ears, in their respective townships, and make a report 
in duplicate of said enumeration to the county superin- 
tendent of education by the first of October following. 

Sec. 7. Be it further enacted, That whenever the 16th 
section of any township has been leased or sold, andthe^j^j^^^^gg^"^^® 
proceeds of such lease or sale are still in the hands of 
the trustee of such township, they must report to the 
county superintendent of education of their county the 
annual income to the township from such lease or sale. 

Sec. 8. Be it further enacted, That the trustees may, 
for any cause sufficient in their judgment, remove any 
teacher by payment of his salary to time of removal ; Removal of 
Provided, The entire board of trustees concur in such teachers, 
removal, and ; Provided, That such removal is approved 



1874 22 

by the county superintendent of education. They may 
also prescribe all rules for the conduct of their schools 
not inconsistent with the instructions of the county 
superintendent of education and with the laws govern- 
ing the free public schools. 

Sec. 9. Be it further enacted, That if the board of 

■^^T ,5^^°°^ trustees are unable to procure sites for school houses they 
sites to be pro- ., . ^ £ n iliit en i 

cured. may appoint a jury oi live freeholders oi the county, 

who shall locate said sites as the public interest may re- 
quire, but unless in a city, town or village, said site 
shall not be located within two hundred yards of the 
dwelling of the owner of the land taken for said site 
without his consent in writing. The jury must assess 
the value of the same and report their action to the 
board, who will secure the title and pay for the site 
selected by the jury out of any money available for that 
purpose. 

Sec. 10. Be it further enacted, That the Board of 
. township trustees, at their annual session on the 2d 
clerk ot^board. Monday in January, shall organize by appointing one 
of the number clerk of the board, who shall preside at 
the official meetings of the board of trustees, and record 
their proceediDgs in a book kept for the purpose, and it 
shall be his duty to forward a certified copy of the pro- 
ceedings of the board to the county superintendent of 
education as required by law. 

Sec. 11. Be it further enacted, That trustees may en- 
Contracts with ter into contract with the patrons of any school in a 
pa rons. townsliip who wiU obligate themselves to pay a suffi- 

cient amount of salary, which, taken in connection with' 
the amount of educational fund apportioned to said 
school by the board of trustees at their annual session, 
shall be sufficient to pay the salaries of teachers and 
keep the school in operation five months or more ; but 
such schools must be free public schools, open to all 
the children of the race for which it was established, in 
the township in which it is located, within the educa- 
tional age. Such school must be under the control and 
supervision of the trustees of the township, and subject 
to all laws and regulations governing free public 
schools. 

Sec. 12. Be it further enacted. That whenever any 

person is better accommodated at the school of an ad- 

pupiis, joining township, or if it ,is desirable to establish a 

school composed of parts of two or more townships, 



23 1874 

then the respective boards of trustees of the to\ynships 
in which said persons reside, may transfer the pupils of 
the several townships in which the school house is 
located, and whenever scholars are transferred under 
the provisions of this section, the school to which said 
scholars are transferred shall draw from the township 
from which they were transferred, the amount appor- 
tioned to said scholars at the annual session of the 
board of trustees of the township from which the trans- 
fers were made. Said transfer shall not be made with- 
out the consent of the board of trustees of the township 
to which the transfer is made. And the trustees of the 
township in which the school is taught shall specify in 
contract with the teacher of said school the amount the 
teacher is to receive per month from each township 
from which scholars are transferred, as well as from the 
township in which the school is taught, and said con- 
tract shall be approved, so far as it relates to trans- 
ferred scholars, by the clerk of the board of trustees of 
the township from which scholars are transferred. 

Sec. 13. Be it further enacted, That the clerk of the 
board of trustees shall approve the monthly report of Teacher's re- 
teachers, required to be made to the county superin- ports. 
tendent of education, when the teachers have complied 
with their contracts, and if he refuse to approve any re- 
port he shall immediately forward a written statement 
of his reason for such refusal. 

Sec. 14. Be it further enacted, That all laws and parts 
of laws of a general nature in conflict with the provis- j^gpe^iine sec- 
ions of this act, be, and the same are hereby repealed ; tion. 
Provided, That no provisions of this act shall be con- 
strued to repeal any of the provisions of an act entitled 
"An act to re'gulate free public schools," approved De- 
cember 10, 1874. 

Approved December 14, 1874. 



1874 24 

No. 23.] AN ACT 

To repeal section nine of " An act to provide for tlie dis- 
bursement of school funds in the hands of County 
Treasurers and State Treasurer," approved December 
9, 1873. 

Section 1. Be it enacted by the Board of Education of 
the State of Alabama, That section nine of "An act to 
Section repeal- P^^o^id© ^^T the disbursement of school funds in the hands 
ed. of county treasurers and State Treasurer," approved De- 

cember 9, 1873, which reads in words and figures as fol- 
lows, to-wit : " Section 9. Be it further enacted, that each 
county treasurer shall receive, as compensation for his 
services, one per centum of all school moneys received 
and disbursed by him under the provisions of this act, 
to be by him retained from said moneys so received and 
disbursed," — be and the same is hereby repealed. 
Approved December 16, 1874. 



No. 24.] AN ACT 

To prescribe the duties and fix the salaries of County 
Superintendents of Education. 

County super- SECTION 1. Be it enacted hy the Board of Education of 
intendent de- the State of Alabama, That in each county of this State 
there shall be an officer designated as the county super- 
intendent of education, who shall have general supe- 
vision of the free public schools of the county in which 
he resides, and perform such duties as are irnposed upon 
him by law. 

Sec. 2, Be it further enacted, That the county superin- 
tendent of each county is required to discharge the fol- 
lowing duties : 

1st. He must have a general superintendence of all 
free public schools established in his county. 

2d. He must visit each one of them at least once a 
year. 

3d. He must note the course and method of instruc- 
tion, and the branches taught in each, and the manner 
in which teachers discharge their duties and keep their 



25 1874 

records, and also examine tlie condition of school build- 
ings and other school property. 

4th. He must carefully guard that no sectarian reli- 
gious views be taught in any free public school under his 
charge. 

5th. He must pay the teachers of free public schools j^^^jeg ^f co_ 
monthly, upon the receipt of said teacher's monthly re- Supt. set forth 
23ort, approved by the trustees of the district in which 
the school was taught, and he shall take their receipt in 
duplicate, one of said receipts to be kept in his office, 
and one to be forwarded with his quarterly report to the 
Superintendent of Public Instruction, as a voucher for 
money thus disbursed ; Provided, That no teacher shall 
be paid an amount from the educational fund in excess 
of his salary per month, as specified in his contract ap- 
proved by the county superintendent of education. 

6th. He must, as far as practicable, have one or more 
free public schools established in each school district in 
his county, in which the elementary branches of the Eng- 
lish language shall be taught. 

7th. He must examine all applicants for the position 
of teachers of free public schools, and give such certifi- 
cates as he shall find qualified and of good moral char- 
acter. Such certificate shall set forth the holder is of 
good moral character, and the branches he is qualified 
to teach, and shall be good for the year they are issued, 
and shall be valid only in the county where issued, and 
no person shall teach in the free public school of any 
county unless he has obtained such certificate. 

8th. He shall approve contracts between township 
trustees and teachers of free public schools, and no such 
contracts shall be vahd until aproved by him ; Provided^ 
That he shall approve no contract, unless in making the 
same the law regulating contracts between teachers and 
trustees shall have been complied with. 

9th. He must organize and hold annually, as far as 
practicable, at such time and place as he may deem most 
convenient, county conventions of teachers, or teachers'" 
institutes, and provide for the delivery of lectures and 
instructions in methods of teaching during the session 
of such convention or institute. • 

10th. He must receive and take charge of any money^ 
funds, property, or proceeds of any character raised in 
his county by county taxation, or may accrue to him, or 
to the county from gift, grant, bequest, devise, endow- 



1874 26 

ment, or otherwise, to be used in aid of or connection 
with money apportioned to his county from the educa- 
tional fund, and shall faithfully keep the same separate 
and apart from any other funds and property whatso- 
ever ; and he shall apportion, distribute and pay out all 
money raised in accordance with this subdivision, as he 
may deem best under the law ; Provided, That all money 
raised by local taxation in any school district, or incor- 
porated city or town, shall be expended for the benefit 
of said district, city or town in which said money is raised, 
and by such persons, and in such manner, as is author- 
ized by the laws that have been enacted or may hereaf- 
ter be enacted by the board of education for the control 
and government of free public schools in such district, 
city or incorporated town. 

11th. He may remove from ofiice any township trus- 
tee when the interest of the public education demands 
such removal ; he shall fill all vacancies occasioned by 
removal from office, or otherwise, and w^henever no suit- 
able person will act as trustee in any township, he is au^ 
thorized to act in their stead, and discharge all the duties 
imposed by law upon township trustees. 

12th. He shall examine into the condition of all school 
funds of his county, including the sixteenth section fund, 
and sixteenth section unsold, in his county ; and he isi 
authorized and required to bring suits against trespass- 
ers upon the sixteenth section, in the name of the State 
of Alabama, for the use of the township to which they 
belong. 

13th. He must keep an office at the county site of his 
county, and must, on the first and second Saturdays of 
each month, from the beginning of the scholastic year 
until the close of the free public schools for that year, be 
present to transact business with the officers and teach- 
ers of free public schools. 

14th. As soon as he receives the annual apportion- 
ment of the educational fund to his county, he shall forth- 
with notify the trustees of each township of the amount 
apportioned to said township, and he shall approve no 
contracts between teachers and trustees of free public 
• schools until such notice is given. 

Sec. 3. Be it further eoiacted, That the county superin- 
tendents of education shall receive, and keep exclusively 
for the use ol: free public schools, all money belonging 
to educational funds of his county paid over to him by 



27 1874 

the tax collector of his county, and he shall give the tax 
collector receipts in triplicate for such amounts ; and he 
shall immediately certify to the Superintendent of Public 
Instruction the amounts paid by the tax collector, and 
the date of payment, specifying the amount received as 
poll tax, and all other tax. 

Sec. 4. Be it further enacted, That the county super- 
intendents of education shall make a final settlement ment with tax 
with the tax collector of his county on or before the first collector, when 
day of May of each year, and shall forthwith forward^to "^^ 
the Superintendent of Public Instruction a certified 
statement of such settlement, showing how much he has 
received from the tax collsctor, specifying the poll tax 
from the general tax, showing the deficiency, if any ex- 
ists, between the amount received from the tax collector, 
and the annual apportionment of the educational fund 
for his county. 

Sec. 5. Be it further enacted, Tliat the county super- jf^g^^jegp are. 
intendent of education shall enter, in a book kept for cord book, 
that purpose, the exact amount and the date of all pay- 
ments made him by the tax collector of the county, and 
the amount of educational fund apportioned to, and the 
amount disbursed in, each township of his county, to 
whom paid, and the date and amount of payment, and 
for what purpose, and said book shall be open for in- 
spection of all persons interested; and he shall record, 
in a book kept for that purpose, the time of opening, the 
amount apportioned to each school in each township in 
his county for the payment of teachers, the number of 
scholars transferred, and the amount apportioned to said 
transferred scholars, and specifying said schools by num- 
ber and township, as soon as he shall receive a certified 
copy of the proceedings of the township trustees at their 
annual meeting. He shall also enter in the same book 
the date of the approval of the contract between town- 
ship trustees and teachers of free public schools. 

Sec. 6. Be it further enacted, That each county super- Quarterly and 
intendent of education shall forward to the Superintend- annual reports 
ent of Public Instruction a quarterly report of the free ^^uf- *? ^Y^^' 

IT 1 1 i>i- 1 iiiji p-nfl- 1 Fublic Inst'n. 

pubuc schools ot his county on the last days oi iVLarch, 
June, September, and December, or as soon thereafter 
as practicable ; and said reports shall set forth the amount 
received from the tax collector to the end of the quarter, 
specifying the poll tax separate from all other tax, the 
amount paid teachers, and the name of each teacher, 



1874 28 

and their monthly pay from the educational ' fund, and 

the amount of educational fund on hand, and the amount 
due on certificate of annual apportionment to his county, 
and such report shall also set forth the number of pu- 
pils, white and colored, male and female, in attendance 
at each school, the branches taught, the number of chil- 
dren studying each branch, and the amount paid by 
patrons or trustees to supplement the school fund. He 
shall also forward, at the close of each scholastic year, 
suoh consolidated annual report as the Superintendent 
of Public Instruction may require of him, showing the 
condition of the schools under his control ; and he must 
also forward to the Superintendent of Public Instruc- 
tion, by the 15th day of October in each year, the schol- 
astic enumeration of his county as provided by law. All 
reports named in this section shall be made out on 
blanks furnished by the Superintendent of Public In- 
struction. 

Official bond Sec. 7. Be it further enacted, That every county super- 
and oath of of- intendent of education, before entering on the duties of 

°^" his office, must take the oath prescribed by law, and en- 

ter into bond, with good and sufficient sureties, the 
amount of the bond to be fixed by the Superintendent 
of Public Instruction, but in no case to be less than 
double the amount of money- that may come into his 
hands at any time ; and said bond must be approved by 
the judge of probate of the county, and filed, together 
with said oath, in the office of said judge of probate ; 
and a certified copy of the bond shall also be filed in 
the office of the Superintendent of Public Instruction 
for his approval ; Provided, That the Superintendent of 
Public Instruction may require additional surety upon 
the bond of any county superintendent of education, or 
a new bond and a different amount, whenever he may 
find it necessary for the protection of the educational 
fund of the county; Provided further, That no county 
superintendent of education, after receiving such notice 
to give additional surety, or a new bond, shall continue 
in the discharge of the duties of his office, until such 
additional surety or new bond is given. 

„ , . Sec. 8. Be it further enacted, That each county super- 

Compensation • , 1 , p / L- in • n. "^ L £■' 

intendent oi education shall receive five per centum oi 

the educational fund disbursed accordmg to law in his 

count}'', and also receive three dollars per diem, while 

actually engaged in visiting schools, but not to exceed 



29 1874 

one hundred dollars in any one year for such service in 
visiting schools ; and he shall forward with his quarterly 
rex3ort an affidavit of the number of days he was em- 
ployed in visiting schools, and the numDer of schools 
visited by him. He shall be paid quarterly, out of the 
educational fund of his county, and the amount thus re- 
tained by him shall be included in his quarterly report 
to the Superintendent of Public Instruction ; Provided^ 
That no superintendent of education shall receive less 
than three hundred dollars per annum. 

Sec. 9. Be it further enacted, That all laws and parts 
of laws in conflict with the provisions of this act be and tioEf ^ ^"^ ^^°" 
the same are hereby repealed ; Provided, That no pro- 
vision of this act shall be construed to repeal any pro- 
visions in "An act to regulate the free public schools of 
Alabama," approved December 10, 1874. 

Approved December 16, 1874. 



No. 25.] AN ACT 

Supplemental to an act entitled "An act to prescribe the 
duties and fix the salary of County Superintendents 
of Education," approved December 17, 1874. 

Section 1. Be it enncted hy the Board of Education o/ Make report of 
the State of Alabama, That the county superintendent J^o^^ys rec'd 
oi education oi each county sliall receive and keep ex- treasurer. 
clusively for the support of the free public schools, all ' 

public school money belonging to the educational fund 
of his county paid over to him by the county treasurer 
of his county, and he shall give the county treasurer re- 
ceipts in duplicate for such amounts ; and he shall im- 
mediately certify to the Superintendent of Public In- 
struction the amount of public school money paid him 
by the county treasurer, and the date of payment, spe- 
cifying the amount received as poll tax from all other 
tax. 

Sec. 2. Be it further enacted, That the county super- Enter all pay- 
intendents of education of each county shall enter, in a ments in a re- 
book kept for that purpose, the exact amount and date ^°'^ ^° " 
of all payments made to him by the county treasurer of 
his county, and he shall also enter in the same book the 
matters required in section five of an act entitled "An 



1874 30 

act to prescribe the duties and fix the salary of county- 
superintendents of education," approved December 17, 
1874. 
Additional ^^G. 3. Be it further enacted, That in addition to what 
items for quar- the county Superintendents of education in each county 
teriy report. ^^ ^^^ required to include in his quarterly report, in an 
act entitled " An act to prescribe the duties and fix the 
salary of county superintendents of education," approved 
Dec. 17, 1874, he shall also include in his quarterly report 
the amount received from the county treasurer of his 
county, and from all other sources whatsoever during the 
current quarter, specifying poll tax from other tax, and the 
amount disbursed by him, specifying the names of per- 
sons to whom paid and the date of payment, and the 
balance of educational funds in his hands, and such 
other facts as the Superintendent of Public Instruction 
may require. He shall also make such annual consoli- 
dated report as may be required of him by the Superin- 
teendent of Public Instruction. 
Approved December 17, 1874. 



No. 26.] AN ACT ' 

To require County Treasurers to pay over to County 
Superintendents of Education all the Public School 
Money paid to said County Treasurers in accordance 
.. with the provisions of an act of the General Assem- 

bly of Alabama entitled "An Act to keep in each 
County of the State a proportionate share of the Pub- 
lic School Money," approved April 19, 1873. 

Section 1. Be it enacted hy the Board of Education of 
mSts^rl^to ^^^e State of Alabama, That the county treasurer of each 
be made. county of tliis State is hereby required to pay over to the 
county superintendent of education of his county by the 
1st day of January, 1875, all the public school money paid 
to him by the tax collector of his county, in accordance 
with the provisions of an act of the General Assembly of 
Alabama "To keep in each county of this State a pro- 
portionate share of the public school money," approved 
April 19, 1873, and the county treasurer of each county 
is hereby further required to pay to the county super- 
intendent of education of his county, any and all public 



31 1874 

school money that may be paid to him by the tax col- 
lector of his county in accordance with the provisions 
of the above recited act of the General Assembly, as 
soon as said public school money is received by him, ^gceipts and 
and said county treasurer shall take duplicate receipts, what they 
which receipts shall set forth whether the money paid ™^'^^* contain. 
over to the county superintendent of education is poll 
tax or otherwise, one of which receipts he shall imme- 
diately forward to the Superintendent of Public Instruc- 
tion. 

Sec. 2. Be it further enacted. That as soon as the Su- 
perintendent of Public Instruction shall make his sup- j^^^y ^f g^p^^ 
plemental apportionment provided in section fifth of an Pub. instr'n. 
act of the General Assembly of Alabama "To keep in 
each county of this State a proportionate share of the 
pubhc school money," approved April 19, 1873, he shall Auditor, 
certify to the Auditor the amount due each county in 
accordance with this supplemental apportionment, and 
the Auditor shall draw his warrant on the State Treas- Treasurer. 
urer for said sum in favor of each county superintend- 
ent of education, who shall draw and disburse said 
money in accordance with the provisions of law. 

Sec. 3. Be it further enacted, That ail laws and parts Repealing sec- 
of laws in conflict with the provisions of this act be, and tion. 
the same are hereby repealed. 

Approved December 17, 1874. 



No. 27.] AN ACT 

To amend section 986 of the Eevised Code of Alabama. 

Section 1. Be it enacted by the Board of Education of 
the State of Alabama, That section 986 of the Revised 
Code of Alabama, which is in words and figures, as fol- 
lows, viz: "Every child between the ages of six and 
twenty-one shall be entitled to admission into and in--^^''"^'- 
struction in any free public school in the township in 
which he or she resides, or to any school in any adja- 
cent township ; and the trustees of the township in 
which such child resides must pay the teacher who in- 
structs him or her the same amount which they would 
have paid if such child had been taught in their own ™^° 
township^" be amended so as to read as follows : Every 



1874 32 

child between the ages of six and twenty-one shall be 
entitled to admission into and instruction in any free 
public school established for the race to which he .or she 
belongs, of the township in which he or she resides, or 
to any school in any adjacent township by the permis- 
sion of a majority of the trustees of the township in 
which such child resides, and a majority of the trustees 
of such adjacent township. 
Approved December 17, 1874. 



No. 28.] AN ACT 

To provide for and regulate the apportionment of the 
Educational Fund arising from poll tax in the several 
counties in this State. 

Section 1. Be it enacted hy the Board of Education of 

the State of Alabama, That it shall be the duty of the 

Apportion- county Superintendents of education in the several coun- 

Co^'^Supts ^ ^^ ^^®® ^^ ^^^^ State to apportion the poll tax paid to them in 
their respective counties monthly, among the several 
townships and fractional parts of townships in such 
counties pro rata, according to the number of children 
belonging to each race within the educational age in the 
several townships or fractional parts of townships with- 
in the county : Provided, That if any township or frac- 

lat proviso, tional part of a township shall have an annual sixteenth 
section fund greater than the pro rata amount appor- 
tioned by the Superintendent of Public Instruction to 
the other townships in the county, such township hav- 
ing such excess shall not be entitled to any of the poll 
tax of the county until the other townships and frac- 
tional townships shall have received an amount suf- 
ficient to make them equal pro rata to such townships 

2d proviso. having such excess : Provided further, That in making 
such apportionment, the distinction of race provided for 
in relation to other school funds shall be observed. 

Sec. 2. Be it further enacted, That all laws and parts 
of laws in conflict with the provisions of this act be and 
the same are hereby repealed. 
Approved December 18, 1874. 



33 1874 

No. 29.] AN ACT 

To prescribe the manner in which the Public School 
Fund shall be disbursed. 

Section 1. Be it enacted by the Board of Education of 
the State of Alabama, That each county in this State fo^^V^ec^.- °^°*^ 
shall receive as educational funds all the poll tax col- poll tax. 
lected in such county, and the educational fund thus 
received shall be its full distributive share of the aggre- 
gate poll tax collected in the State. 

Sec. 2. Be it further enacted, That the Superintendent 
of PubUc Instruction, by the 10th day in December in „ , 

1 xi 0, !• 1 1 1 n School funcl 

each year, or as soon thereafter as practicable, shall from other 
apportion to each county in the State the amount of sources appor- 
educational fund which it will be entitled to receive for Pub!in8"tr'n.^' 
the ensuing scholastic year from all sources, except 
from poll tax, and special tax that may be levied for 
school purposes in any county, and shall certify the same 
to the State Auditor, the county superintendent of educa- 
tion, and tax collector of each county. 

Sec. 3. Be it further enacted, That the tax collector of 
each county shall pay the amount certified to be due the ^^^^^ n* f ^°' 
educational fund of his county, to the county superintend- 
ent of education of his county, and shall take his re- 
ceipt in duplicate for the amount so paid, which receipt 
shall specify whether the money thus paid was money 
collected as poll tax or otherwise ; and one of the re- 
ceipts shall be received as cash in his settlement with 
the Auditori The tax collector shall also forward to 
the Superintendent of Public Instruction one of said 
receipts for all moneys paid by him to the county su- 
perintendent of education as soon as given. 

Sec. 4. Be it further enacted, That each tax collector, Payment of 
at the end of each month, shall pay the county superin- po^^ *^^ ^^"^6 
tendent of education of his county the amount of poll "^° 
tax collected during the month, taking his receipt for 
the same, as provided in section three of this act. 

Sec. 5. Be it further enacted. That the tax collector of Sts^^to ^ Ye' 
each county shall pay to the superintendent of educa- made on cer- 
tion of his county the amount of the certificate of ^V'^^txtionm.o'nx, 
portionment of the Superintendent of Public Instruc- until paid in 
tion out of moneys collected by him, and shall make *'^^- 
monthly payments to such county superintendent of 
3 



1871 34 

education, until the whole amount of such certificate is 
paid, or until he has collected all the taxes of his 
county; and he must make final settlement with said 
county superintendent by the first of May in each year. 
Sec). 6. Be it further enacted, That the Auditor shall 
d u o r ^^'a'nd <^®^tify to the Treasurer the amount of the educational 
Treasurer. fund, exclusive of poU tax unapportioned by the Super- 
intendent of Public Instruction, and the Treasurer shall 
set apart said amount out of any moneys received from 
taxes for the current year, and he shall keep the same 
separate and apart from all other funds, and shall not 
pay out any of said moneys except upon warrants for 
school purposes. 

Sec. 7. Be it further enacted, That in any county 
cBviiie&^^^h^ where the amount of funds collected and paid over by 
Snpt, Pub. in-the tax collector, exclusive of the poll tax, does not 
A^dft^r^ *"" amount to the apportionment of the educational fund 
for said county, it shall be the duty of the Superintend- 
ent of Public Instruction to certify to the Auditor the 
amount to which said county is entitled, after deduct- 
ing the amount paid by the tax collector to the county 
draw'^his^war" superintendent of education, and the Auditor shall draw 
rant for same, hjg warrant in favor of such county superintendent for 
the sum certified to be due. 

Sec. 8. Be it further enacted. That the county treas- 
urer of each county is hereby required to pay over to 
Co. treasurers the county superintendent of education of his county by 
T i^\ °<G^ ^^® ^^^ ^^y °^ October, 1875, any money in his hands 
SuptB. ' belonging to the educational fund of his county ; and he 

is also required to pay over to the county superintend- 
ent of education of his county any of the educational 
fund that may come into his hands after the first of 
October, 1875, as soon as received, and he shall take 
receipts in duplicate therefor, which redeipts shall set 
forth whether the same is poll tax or otherwise, one of 
which receipts he shall forward to the Superintendent of 
Public Instruction. 

Sec. 9. Be it further enacted, That the county super- 
intendent of education must promptly pay over to the 
teachers the moneys in his hands according to the pro- 
Co. superin- visions of laws enacted by the Board of Education ; and 

tendents must ».!• .t-t "{ i i •j.i," 

pay teachers failmg to do SO, judgment may be recovered against nim 

promptly. ^nd his securities, or any of them, by motion in any 

court of competent jurisdiction of the county of such 

superintendent, on three days notice thereof, for the 



35 1874 

amount of sucli moneys, with legal interest from the 
time of the demand, ten per cent, damages on the aggre- 
gate amount, and costs ; the motion to be prosecuted in penalty for 
the name of the teacher or legal assignee of the claim : failure. 
Provided, That from all cases tried before a justice of 
the peace or notary public, either party shall have the 
right of appeal as provided by law in other cases of 
trials before such officers. 

Sec. 10. Be it further enacted, That all laws and parts £Jgpea^li^„ gg^. 
of laws in conflict with the provisions of this act be and tion. 
the same are hereby repealed : Provided, That in the 
count}^ of Mobile all collections of moneys for school 
purposes, which in other counties are to be paid to the Mobile Co. ex- 
county superintendents of education, shall by the tax ^^1*®^^^^^-'^™ 
collector and other collectors of school funds, be paid of the bill, 
into the bank which is made the depository of State or 
county funds, to the credit of the school fund, to be 
paid out on checks and orders of the board of school 
commissioners, or under their authority, in the same Act not to take 
manner as county funds are now required to be paid : effect before 
Provided further, That the provisions of this act shall 
not go into operation before the first day of October, 
1875, from and after which time they shall take effect. 

Approved December 17, 1874. 



No. 30.] AN ACT 

To remove from office A. W. McCuUoughj County Su- 
perintendent of Education of Madison county. 

Section 1. Be it enacted by the Board of Education of 

the State of Alabama, That A. W. McCullough, superin- Removed. 

tendent of education of Madison county, be and he is 

hereby removed from said office, and he is hereby re- Must turn over 

quired to turn over all books, papers and moneys per-^'^''^^, &c., to 
/ • • , -ifv. •!• 'J^i. ji- ''J^ successor. 

tammg to said omce, m his possession, to his successor, 
when appointed. 

Sec. 2. Be it further enacted. That all laws and parts 
of laws in conflict with the provisions of this act be, and 
the same are hereby repealed. 

Approved November 28, 1874. 



1874 36 

No. 31.] AN ACT 

To appoint W. P. Newman County Superintendent of 
Education of Madison county. 

Bection 1. Be it enacted hy the Board of Education of 
Appointed. f]^Q ^ff^fQ of Alabama, That W. P. Newman be and he is 
hereby appointed county superintendent of education of 
Madison county, State of Alabama. 

Sec. 2. Beit further enacted, That before entering upon 

Bond must be the discharge of the duties of county superintendent, 

given. 4^YiQ said W. P. Newman be and he is hereby required to 

give bond in such amount as is now required by law to 

be given by the county superintendent of education of 

Madison county, State of Alabama. 

Sec. 3. Be it further enacted, That all laws and parts 
of law's in conflict with the provisions of this act be and 
the same are hereby repealed. 
Approved December 1, 1874. 



No. 32,] AN ACT 

To regulate the apportionment and disbursement of the 
public school money for the county of Mobile. 

Section 1. Be it enacted by the Board of Education of 
Supt. of Public the State of Alabama, That the Superintendent of Public 
trons'' school' Instruction shall, by the tenth day of December in each 
fund. and every year, or as soon thereafter as practicable, ap- 

portion to Mobile the amount of school money said 
county will be entitled to from all sources, except poll tax 
and special county tax, and shall certify said amount to 
Certifies to Au- the Auditor, who shall draw his warrant on the tax col- 
^^^^- ector of sstid county for the whole amount thus certified. 

„ „ , , Sec. 2. Be it further enacted. That all balances remain- 

Balnces drawn . t t • n i -\ n l ^^ l jy^ • 

and expended, mg unexpended in the hands of tax collector, ex officio 
treasurer of said county, at the end of each year, shall 
be drawn and expended in the same manner as the local 
school fund, in accordance with provisions of section 7, 
article XIY, of " the laws relating to the public schools 
of Alabama, codified by Joseph Hodgson ;" Provided, 
said amounts shall be used exclusively for the payment 
of teachers. 



37 1874 

Sec. 3, Be it further enacted, That the amount of poll 
tax collected each month shall be drawn and expended 
each month in same manner as the local school fund, in 
accordance with provisions of section 7, article XIV, of 
the school laws relating to public schools of Alabama, 
codified by Joseph Hodgson ; Provided, said amounts 
shall be used exclusively in the payment of teaphers. 

Sec. 4. Be it further enacted, That all laws and parts 
of laws in conflict with the provisions of this act be and 
the same are hereby repealed. 

Approved December 1, 1874 



No. 33.] AN ACT 

To ratify and confirm an election held for County Super- 
intendent of Jackson county, Alabama, on the first 
Tuesday after the first Monday in November, 1874. 

Section 1. Be it enacted hy the Board of Education o/* Election rati- 
the State of Alabama, That an election held in the county fi^d. 
of Jackson, in the State of Alabama, on the first Tues- 
day after the first Monday in November, 1874, for the 
election of county superintendent of education for said 
county of Jackson, at which election one John S. Collins 
was elected county superintendent of education for said 
CQunty, be and the same is hereby in all things ratified 
and confirmed. 

Sec. 2. Be it further enacted. That said John S. Col- jj^y give bond 
lins is hereby authorized to give bond and qualify, as and qualify. 
required by law of county superintendents of education, 
at once, and enter upon the discharge of the duties of 
such office. 

Approved December 3, 1874. 



No. 34.] AN ACT 

For the relief of Aaron Thornton, of township 10, range 
1 and 2, west, School District No. 36, Clarke county. 

Section 1. Beit enacted hy the Board of Education of 
the State of Alabama, That the superintendent of edu- 



1874 38 

cation of Clarke county be and he is hereby instructed 
f d to pay So?' ^^ P^y °^^ °^ ^^y unexpended funds due township 10, 
range 1 and 2, west, or school district No. 36 of said 
county for the year 1872, the claim of Aaron Thornton 
for fifty dollars, for services as teacher, rendered during 
said scholastic year, before the public schools of said 
county were closed. 

Approved December 3, 1874. 



No. 35.] AN ACT 

For the relief of William L. Lewis, for services rendered 
as County Superintendent of Education of Talladega 
county. 

Section 1. Be it enacted by the Board of Education of 
, . tlie State of Alabama, That the Superintendent of Pub- 
Supt. Pub^ in'^lic Instruction is hereby authorized and required to cer- 
struction. tify the account of William L. Lewis, for services ren- 
dered as county superintendent of education of Talla- 
dega county, in the scholastic year of 1873-4, for the 
sum of one hundred and seventy-six dollars, to the Au- 
ditor, who shall draw his warrant upon the treasurer of 
the State for said amount, to be paid out of any unap- 
portioned money belonging to the school fund for the 
scholastic year of 1873--4. 
Approved December 4, 1874. 



No. 36.] AN ACT 

For the relief of James C. Cade, of Pike county. 

Section 1. Be it enacted by the Board of Education of 

Authority to the Stfbte of Alabama, That James C. Cade, of the county 

make report, ^f Pike, be and he is hereby authorized to make out and 

submit his reports as teacher in the free public schools 

Truste's to ap- of Pike county to the trustees of the township in which 

prove if cor-j^g taught in the first quarter of 1872 and 1873, who 

shall, if correct, approve the same upon presentation by 

the said James C. Cade. 

Sec. 2. Be it further enacted, That the superintendent 



39 1874 

of education of Pike county is hereby authoiized and . .^ -. . 
directed to pay to the said James 0. Cade the amount supt. '^^^ ^ 
of money shown to be due him by said reports, as re- 
ferred to in the first section of this act. 

Sec. 3. Be it further enacted, That all laws and parts 
of laws in conflict with the provisions of this act be, and 
the same are hereby repealed. 

Approved December 4, 1874. 



No. 37.] AN ACT 

To annex all of township 5, range 23, east of Claybank 
creek in Dale county, to township 5, range 24. 

Section 1. Be it enacted by the Board of Education of 
the State of Alabama, That all that portion of township ^^^^^^^ j.q_ 
five, range twenty-three, situated east of Claybank creek, 
be annexed to township five, range twenty-four, consti- 
tuting, with said township five, range twenty-four, a sep- 
arate school district in the county of Dale; Provided, . 
That this act shall not go into effect until after the next 
biennial enumeration of the children within the educa- 
tional age in this State, and in said enumeration, and 
thereafter, said township five, range twenty-four, as con- 
stituted by this act, shall be considered as one school 
district. 

Sec. 2. Be it further enacted, That all laws and parts 
of laws in conflict with this act be, and the same are 
hereby repealed. 

Approved December 4, 1874. 



No. 38.] AN ACT 

To amend "An act to compel County Superintendents 
to have an office at the Court-house, and be in the 
same every Saturday, so far as the same relates to 
Limestone, Morgan and Dale. 

Section 1. Be it enacted by the Board of Education of 
the State of Alabama, That an act heretofore passed by Recitation, 
this Board, on to-wit : the 14th December, 1872, which 



amended. 



1874 40 

reads as follows : "That on and after the first day of 
January, 1873, county superintendents of education be 
and are hereby required to have an office at the county 
seat of their respective counties, and that they shall on 
each Saturday of each week be present at and keep 
open their offices for transacting business with the offi- 
cers and teachers of the free public schools," be so 
Section a s amended as to read as follows : That on and after the 
first day of January, 1875, county superintendents be 
and are hereby required to keep an office open at the 
county seats on the first Saturday in each month for 
the transaction of any business connected with their 
duties. That this amendment shall only apply to and 
have the force of law in the counties of Limestone, Mor- 
gan and Dale. 

Sec. 2. Be it further enacted, That all laws and parts 
of laws in conflict with the provisions of this act be and 
the same are hereby repealed. 

Approved December 5, 1874. 



No. 39.] AN ACT 

To provide for the election of County Superintendents 
of Education in January, 1875, in the Counties of St. 
Clair, DeKalb and Cherokee. 

Section 1. Be it enacted hy the Board of Education of 
the State of Alabama, That there shall be an election 
to b e^hefd. ^°" l^^^cl in the couuties of St. Clair, DeKalb and Cherokee 
on the third Saturday in January, 1875, for the purpose 
of electing a county superintendent of education for 
Voters. each of said counties, at which election all legal electors 

of this State may vote, and no others ; said election 
shall be held and conducted under the provisions of the 
r[anner of ©lection law now in force in this State not inconsistent 
holding same, with this act, and all the provisions of said election law 
not in conflict herewith as to proceedings and penalties 
shall apply to and govern the election to be held under 
this act. 
Appointment Sec. 2. Be it further enacted. That the officers in said 

of inspectors counties authorized to appoint inspectors, returning offi- 
cers? ^^ ° ' cers and challengers by the election law now in force in 
this State, shall appoint inspectors, returning officers 



41 1874 

and challengers for the election herein provided for at 

least three weeks prior to the day of the election, and 

the sheriff shall notify such inspectors, returning officers 

and challengers of their appointment, in writing, at least j)j^jjjgg^j,gj^g^_ 

two weeks before the day of election. The sheriff shall iffs. 

also give notice of the election by posting written notice 

thereof in at least two public places in each election 

precinct in his county at least two weeks before the day 

of election. 

Sec. 3.' Be it further enacted, That the county super- 
visors of election in said counties shall certify to the 
Superintendent of Public Instruction the exact number ^.^^j^g^^^^^^^^^^' 
of legal votes cast in their county for each person for Snpt. Pub. in- 
the office of county superintendent, within the time now hig"^u\°eg ^^^ 
required by law, and it shall be the duty of the Super- 
intendent of Public Instruction immediately after he re- 
ceives such certificate from each county, to issue a cer- 
tificate of election to the person who shall have received 
the highest number of legal votes in such county for the 
office of county superintendent of education. 

Sec. 4. Be it further enacted, That the county super- 
intendent of education so elected shall give bond and co. Supt. elect 
qualify as now required by law. They shall perform thej^"^* g^"^^ 
duties and receive the compensation now required and 
allowed by law, and which may hereafter be required 
and -allowed by law, and shall continue in office, subject 
to removal for cause as now authorized by law, or as 
may hereafter be provided by law, until the general elec- ^^^"^ °^ °®''^' 
iton to be held in this State on the first Tuesday after 
the first Monday in November, 1876, and until their 
successors are elected or appointed and qualified. 

Sec. 5. Be it further enacted. That all contests of the 
election held under this act shall be conducted accord- contests. 
ing to the provisions of sections 77, 78, 79, 80, 81 and 
82 of the election law now in force in this State. 

Sec. 6. Be it further enacted, That no inspector, clerk, nq compensa- 
returning officer or challenger of the election herein pro- tion to^offieers 
vided for, nor any officer, shall receive per diem, mile- tions?^ 
age, or compensation of any kind for services rendered 
in relation to the election herein provided for. 

Sec. 7. Be it further enacted, That no blanks for su- 
pervisors' returns, or for any other purpose, shall be No blanks fur- 
furnished by the Secretary of State for the election gJ.^^'Ji"^ P^°: 
authorized by this act, nor shall any proclamation or sued. 



187^ 42 

notice of sucli election be required, except as required 
in the second section of this act. 

Sec. 8. Be it further enacted, That all laws and parts 
TO ,. of laws in conflict with the provisions of this act, be 

Eepealmg sec- , , , , , i i 

tion. and they are hereby repealed. 

Approved December 5, 1874. 



No. 40.] AN ACT 

To ratify and confirm an election held in the County of 
Marshall on Tuesday after the first Monday in No- 
vember, 1874, for the election of County Superintend- 
ent of Education for said County. 

Section 1, Be it enacted by the Board of Education of 
the State of Alabama, That an election held in the 
Election rati- county of Marshall on Tuesday after the first Monday 
in November, 1874, for county superintendent of educa- 
tion for said county of Marshall, at which A. J. McDaniel 
was elected county superintendent of education for said 
county of Marshall, State of Alabama, be and the same 
is hereby in all things ratified and confirmed. 

Sec. 2. Be it further enacted, That the said A. J. Mc- 
Supt. to give Daniel is hereby declared to be county superintendent 
bond, &c. i Qf education for the county of Marshall, subject to re- 
moval according to law, and is hereby authorized and 
required to give bond and quahfy as now required by 
law of county superintendents of education, and enter 
upon the discharge of the duties of the office of county 
superintendent of education of said county of Marshall. 
Approved December 8, 1874. 



No. 41.] AN ACT 

To repeal "An act to establish a separate School Dis- 
trict within the corporate limits of Ozark, Dale county, 
Alabama." 

Section 1. Be it enacted by the Board of Education of 
the State of Alabama, That "An act to establish a sepa- 
rate school district within the corporate limit;s of Ozark, 



43 1874 

Dale county, Alabamn," approved December 14, 1872, 
be and the same is hereby repealed. 
Approved December 8, 1874. 



No. 42.] AN ACT 

To repeal an act entitled "An act to require County Su- 
perintendents of Education to have an office at the 
county seat of their respective counties," approved 
December 14, 1872, so far as relates to Baldwin 
County. 

Section 1. Be it enacted by the Board of Education 
of the State of Alahama, That the act entitled "An act to ^^4 repealed 
require county superintendents of education to have an aa to Baldwin, 
office at the county seat of their respective counties," 
approved December 14, 1872, be and the same is hereby 
repealed so far as relates to Baldwin county. 

Approved December 8, 1874. 



No. 43.] AN ACT 

For the relief of "W. R. Jones, late County Superintendr 
ent of Education of Covington County. 

Section 1. Be it enacted by the Board of Education of 
the State of Alahama, That' the Superintendent of Pub- |upf .Tub. iJT- 
lic Instruction of the State of Alabama, be and he is stmction. 
hereby authorized to pay out of the educational fund 
appropriated for Covington county the sum of ninety- 
one dollars and sixty-four cents to W. R. Jones, late 
county superintendent of education of Covington county; proviso. 
Provided, Said Superintendent of Public Instruction 
shall be satisfied of the legality and justness of said 
claim. 

Sec. 2. Be it further enacted. That all laws and parts ^^ ^^j.^ 
of laws in conflict with the provisions of this act, be and tion. 
the same are hereby repealed. 

Approved December 9, 1874. 



1874 44 

No. 44.] AN ACT 

For the relief of Mrs. H. A. McNeil. 

Section 1. Be it enacted by the Board of Education of 
Claim of 1871, the State of Alabama, That the superintendent of educa- 
^ ^^' ■ tion of the county of Montgomery, be and is hereby re- 
quired to pay Mrs. H. A. McNeil the amount of one 
hundred and fifty dollars due her for services rendered 
as a teacher in a free public school in township 14, 
range 19, in the years 1871-2, in Montgomery county, 
out of any unexpended funds apportioned to colored 
schools belonging to township 14, range 19, in said 
county, prior to October 1, 1874. 

Approved December 11, 1874. 



No. 45.] AN ACT 

For the relief of Ben. DeLemos. 

Section 1. Be it enacted by the Board of Education of 
the State of Alabama, That the county superintendent of 
Claims of 1869 education for the county of Lowndes be and he is hereby 
dere/^aid ^^' i"equired to pay Ben. DeLemos the amount of four hun- 
dred and seventy-four dollars and forty-eight cents, due 
him for services rendered as a teacher in a free public 
school in township thirteen, range fifteen, , Lowndes 
county, in the years 1869 and 1870, out of any unex- 
pended funds belonging to the colored schools of said 
township prior to October 1, 1874. 
Approved December 11, 1874. 



45 1874 

No. 46.] AN ACT 

To require the Tax Collector of Montgomery county to 
pay the poll tax collected in the corporate limits of 
the city of Montgomery to the City Superintendent of 
the free public schools of the city of Montgomery, for 
the benefit of the public schools of said city. 

Section 1. Be it enacted hy the Board of Education of Tax collector 
the State of Alabama, That the tax collector of Montgoni- J^x"^ ^o ci'tf ^^°'^ 
ery county shall keep the poll tax collected from the res- perintend^nt!" 
idents of the corporate limits of the city of Montgomery • 

separate from the poll tax collected outside of said city, 
and shall pay the same over to the city superintendent 
of the free public schools of the city of Montgomery, 
for the benefit of the public schools of said city. 

Sec. 7. Be it ftinlier enacted, That all laws and parts Eepeaiing sec- 
of laws in conflict with the provisions of this act be and tio^^- 
the same are hereby repealed. 

Approved December 11, 1874. 



No. 47.] AN ACT 

To amend an act entitled " An act to establish a city 
public school in the city of Opelika," approved De- 
cember 14, 1872. 

Section 1. Be it enacted hy the Board of Education of 
the State of Alabama, That section nine of an act entitled 
"An act to establish a city public school in the city of 
OpeUka," approved December 14, 1872, which is in 
words and figures as follows,' viz- "That any vacancy Recital. 
occurring in the temporary board of trustees shall be 
filled by the remaining members of the board," be and 
is hereby amended so as to read as follows, viz : " Sec. 9. Amendment. 
That any vacancy occurring in the board of trustees 
shall be filled by an election by the city council of the 
city of Opelika." 

Sec. 2. Be it further enacted, That section nine of the Repealing sec- 
above recited act amended by this act, and inconsistent tio"- 
with this amendment, be and the same is hereby re* 
pealed. 

Approved December 11, 1874. 



1874 46 

No. 48.] AN ACT 

To suspend the sale of sixteenth sections of land in cer- 
tain localities. 

Section 1. Be it enacted by the Board of Education of 
Sale suspend- ^/^e ^^^^g of Alabama, That the sale of the sixteenth sec- 
tions of land in the following counties, to-wit : Walker, 
Jefferson, DeKalb, Etowah, Shelby, Tuskaloosa, Bibb, 
Blount, Coosa, Cherokee, Winston, Fayette, Marion, 
Cleburne, Randolph, Clay, and Tallapoosa, be and the 
^ same is hereby suspended until otherwise ordered by the 

board of education. 
Repealing sec- Seo. 2. Be it further enacted, That all laws and parts 
tion. q£ j^^g jj^ conflict with the provisions of this act be and 

the same are hereby repealed. 
Approved December 11, 1874. 



No. 49.] AN ACT 

To constitute the city of Huntsville a separate School 
District, and for the regulation of free public schools 
therein. 

Section 1. Be it enacted by the Board of Education of 
Defines the ^^^'^ State of Alabama, That the corporate limits of the 
district. city of HuntsviUe shall constitute a school district, sep- 

arate from the remaining school districts of the county 
of Madison and State of Alabama. 

Sec. 2. Be it further enacted. That the city of Hunts- 
School fund, ville, as such school district, shall receive its proportional 
and manner of share of the public school funds, including a pro rata 
' share of the sixteenth section funds of each township 
that lies partly within the corporate limits of said city, 
and shall also receive all the tax collected as poll tax 
within the corporate limits of said city ; said fund to be 
drawn and disbursed hj the city superintendent of edu- 
cation in the same manner as county superintendents of 
education draw and disburse funds for their respective 
counties, and the amount thus drawn by the city super- 
intendent of education shall be used exclusively for the 
maintenance of public schools in said city. 

Sec. 3. Be it further enacted. That Samuel J. Mayhew 



47 1874 

is hereby constituted and appointed superintendent of § gj." t d 
education for said city of Huntsville, and as such super- ent appointed' 
intendent shall'give bond and qualify as required by law^ ^ 
•of county superintendents, and shall be commissioned 
as superintendent of public schools in the city of Hunts- 
ville : and said superintendent is hereby authorized to 
co-operate with the city board of mayor and aldermen 
of the city of Huntsville, in keepiug up schools in the du^fes of^Supt 
city of Huntsville, and he is also fully empowered and 
authorized to make contracts with teachers for said 
schools, and to make with the educational institutions in 
the city of Huntsville all such necessary and proper ar- 
rangements for the keeping up, managing and conduct- 
ing the schools in said city as may be found best for the 
interests of its citizens. 

Sec. 4. Be it further enacted, That the superintendent Jurisdiction of 
of education for the city of Huntsville shall be under the S"pt. Pub. in- 
jurisdiction and control of the Superintendent of Public 
Instruction of the State of Alabama, and in the event of 
a vacancy occurring, by reason of removal from office of 
said superintendent of education by the Superintendent 
of Public Instruction, or from any cause, the Superin- Jfjg^^^^'^®''^^*'^ 
tendent of Public Instruction shall have the power to 
appoint his successor; and such appointee shall give 
bond and qualify as other county superintendents. 

Sec. 5. Be it further enacted. That the said superiii- 
tendent of education in and for the city of Huntsville "^P^"^^^ '""^ 
shall receive for his services five per centum on the funds 
drawn by him from the State for the support of public 
schools in the city of Huntsville, to be paid out of the 
funds drawn by him for said schools ; Provided, That in proviso. 
no event his compensation shall exceed the sum of one 
hundred dollars. 

Sec. 6. Be it further enacted. That the city superin- censitp to be 
tendent shall, during the month of September, 1875, and taken, and re- 
every two years thereafter, cause to be made an enum- ^""^ ^^^° ' 
oration of pJl the children, white and colored, male and 
female, between the ages of five years and twenty-one 
years, who reside in the corporate limits of Huntsville, 
and make report thereof to the Superintendent of Pub- 
lic Instruction of the State of Alabama, by or before the 
first day of October in each year in which the enumera- 
tion shall be taken, as prbvided in this section ; and com- compensation 
pensation shall be allowed for such enumeration, not to 
exceed five cents for each person enilrlierated ; Provided, 



1874 48 

That such compensation may be paid out of the funds 
raised by the city of Huntsville for school purposes. 
Repealing sec- Sec. 7. Be it further enacted, That all laws and parts 
tiou- of laws in conj&ict with the provisions of this act be and 

the same are hereby repealed. 
Approved December 11, 1874. 



To be elected 



No. 50.] AN ACT 

To provide for the election of Trustees of the City Pub- 
lic School of Opelika. 

Section 1. Be it enacted hy the Board of Education of 
the State of Alabama, That the city board of trustees of 
iiTjan'yriSTi" the city public school of Opelika, provided for in section 
two of an act entitled " An act to establish a city public 
school in Opelika," approved December 14, 1872, shall be 
elected by the city council of Opelika at their first 
meeting in the month of January, 1875, and every two 
years thereafter. 

Sec. 2. Be it further enacted, That all laws and parts 
Eepeaiing sec- q£ laws in conflict with the provisions of this act be and 
the same are hereby repealed. 
Approved December 11, 1874. 



No. 51.] AN ACT 

To amend sections 6 and 7 of an act entitled "An act to 
establish a City Public School in the City of Opelika," 
approved December 14, 1872. 

Section 1. Be it enacted hy the Board of Education of 
Amended sec- the State of Alabama, That section six of an act entitled 
ion reel e . ti^-^ ^qj^ ^q establish a city public school in the city of 
Opelika," approyed December 14, 1872, which is in 
words and figures as follows, viz : "Sec. 6. Be it further 
enacted, That the city of Opelika, as a separate school 
district, shall receive its proportionate share of the pub- 
lic school fund, including a pro tkita share of the 16th 
section fund of each township that lies partly within the 
corporate limits of the city, said fund to be paid to the 



49 1874 

treasurer of said board of trustees by the county super- 
intendent, who shall take the treasurer's receipt 
in duplicate, and said receipt shall be a voucher to the 
county superintendent for the disbursement of said 
school fund ; Provided, That the funds thus drawn shall 
be used exclusively for the payment of teachers in said 
public schools," — be amended so as to read as follows, 
viz : Sec. 6. Be it further enacted^ That the city of Section as 
Opelika, as a separate school district, shall receive its^"^®"^ ^^' 
proportionate share of the educational fund apportioned 
to the county of Lee, including a pro rata share of the 16th 
section fund of each township that lies partly within the 
corporate limits of the city, and all the poll tax collected 
in the corporate limits of said city, and the county su- Co. Supt. cus- 
perintendent of education of Lee county shall keep said ^^^^ achooi 
moneys* separate and apart from the other educational 
fund of the county of Lee, to be used exclusively for 
the payment of teachers in the public schools of the city 
of Opelika. 

Sec. 2. Be it further enacted, That section seven of 
the above recited act, which is in words and figures as ^.mended se^- 
foUows, viz : "Sec. 7. Be it further enacted. That the 
accounts of teachers for services rendered, when ap- 
proved by the board of trustees, shall be paid by the 
treasurer, who shall take receipts in duplicate, and said 
receipt shall be his voucher for the disbursement of said 
school fund, and one of each of said receipts shall be 
deposited with the county superintendent,"---be amended 
so as to read as follows, viz : Sec, 7. Be it further en- Teachers paid 
acted. That the accounts of teachers for services ren- by Cd. Supt, 
dered in the public schools of the city of Opelika, when 
approved by the board of trustees, shall be paid by the 
county superintendent of education of Lee county^ as 
other teachers in said county are paid. 

Sec. 3. Be it further enacted, That the above recited 
act be further amended by the addition of the following „, , „ . 
section, which is in words and figures as follows, viz : to have con- 
Sec. 10. Be it further enacted. That the city board of * ^f {Unds^^ ^°" 
trustees of the city of Opelika may receive and disburse 
all moneys derived from taxation, appropriation or 
otherwise, exclusive of that received from the educa- 
tional fund, under such rules and regulations as the city 
board of trustees of said city may provide, subject to 
the provisions of section three of this act. 
4 



1874 50 

Sec. 4. Be it further enacted, That sections six and 

seven of the above recited act, amended by this act, and 

Eepeaiing sec- inconsistent with these amendments, be and the same 

tion. are hereby repealed, and that all laws and parts of laws 

in conflict with the provisions of this act, be and the 

same are hereby repealed. 

Approved December 14, 1874. 



No. 52.] AN ACT 

To constitute the town of Dadeville a separate School 
District, and for the regulation of Free Public Schools 
therein. 

Section 1 Be it enacted by the Board of Education of 

its' to^^consTi-^^^6 State of Alabama, That the corporate limits of Dade- 

tute a district. viUe, Tallapoosa county, Alabama, shall constitute a 

school district separate and apart from the remaining 

school districts of the county of Tallapoosa. 

Sec. 2. Be it further enacted. That the town of Dade- 
The district ville, as such school district, shall receive its pro- 
declared ^^^^ portionate share of the piiblic school funds, including a 
pro raia share of the 16th section fund of each township 
that lies partly within the corporate limits of said town of 
Dadeville, and shall also receive all the tax collected as 
poll tax within the corporate limits of said town ; which 
said funds the county superintendent of education of 
Tallapoosa county shall set apart from the general edu- 
cational fund of the county, and disburse and use the 
same exclusively for the maintenance of the public 
schools in said town of Dadeville. 

Sec. 3. Be it further enacted., That the county super- 
co-op'rate'with iutendeut of education of Tallapoosa county, shall co- 
town officials, operate with the Intendant and Board of Councilmen of 
the said town of Dadeville in keeping up the schools, 
both white and colored, in said incorporation of the 
town of Dadeville. 

Sec. 4. Be it further enacted. That the Intendant and 

, Board of Councilmen of the incorporation of the town of 

and its author- Dadeville, Alabama, shall constitute a board of trustees 

ities. for gaid school district ; and said board of trustees are 

hereby fully authorized and empowered to establish and 

locate the number of free public schools to be taught 



51 1874 

each year within said school district, whether for males 
or females, white or colored ; and perform all other 
duties imposed on other township trustees in this State. 

Sec. 5. Be it further enacted, That the board of trus- 
tees, as constituted in section three of this act, shall 
have the control and management of, and shaU disburse ^ "ont^rofTii 
all funds which may be raised by special tax or other- local funcs. 
wise for the maintenance of the public schools within 
the incorporte limits of the town of Dadeville, and 
apply the same in keeping up and maintaining the 
schools within said school district, under such rules and 
regulations as such board of trustees may prescribe ; 
Provided, That where donations or contributions are 
made to said school in said school district, by private ^°'^^^^' 
parties or other sources, the said board of trustees shall 
apply the funds in the manner indicated by. the parties 
so contributing. 

Sec. 6. Be it further enacted. That all laws and parts 
of laws in conflict with the provisions of this act be, and 
the same are hereby repealed. 

Approved December 14, 1874. 



No. 53.] AN ACT 

To amend section three of an act entitled' "An act to 
provide for a Colored Normal School at HuntsviUe, 
in Madison County, in the State of Alabama," ap- 
proved December 9, 1873. 

Section 1. Be it enacted by the Board of Education of 
the State of Alabama, That section three of "An act to 
provide for a colored normal school at HuntsviUe, in 
Madison county, in the State of Alabama," approved 
December 9, 1873, which reads as foUows : "Section 3. Be llfsf °" ^^°' 
it further enacted, That said normal school shall be under 
the direction, control and supervision of a board of three 
commissioners, which shall consist of the following per- 
sons, to-wit : James W. Steel, Joseph C. Bradley and 
Larkin RobinsoUj who may fill any vacancy that may 
occur in said board of commissioners. Said commis- 
sioners shall elect one of their number chairman, who 
shall report annually to the Board of Education how 
many pupils have been in attendance at said school, 



1874 52 

what branches have been taught, and all other facts of 
interest and importance appertaining to said school ; 
and said commissioners shall make a like report quar- 
Amendment ^®^lj ^o ^^^ Superintendent of Public Instruction,"— be 
amended so as to read as follows : Section 3, Be it fur- 
ther enacted, That said school shall be under the direc- 
tion, control and supervision of a board of three com- 
missioners, who shall consist of the following persons, 
to- wit : John M. Crowder, W. S. Fletcher and Stephen 
Johnson, who may fill any vacancy that may occur in 
said board of commissioners. Said commissioners shall 
elect one of their number chairman, who shall report 
annually to the Board of Education how many pupils 
have been in attendance at said school, what branches 
have been taught, and all other facts of interest and 
importance appertaining to said school ; and said com- 
missioners shall make a like report quarterly to the Su- 
perintendent of Public Instruction. 

Sec. 2. Be it further enacted, That section three, as it 
now stands, is hereby repealed. 

Approved December 14, 1874. 



No. 54.] AN ACT 

To- amend sections one and two of " An act to establish 
a State Normal School and University for the educa- 
tion of colored teachers and students," approved De- 
cemi)er 6, 1873. 

Section 1. Be it enacted hy the Board of Education of 
the State of Alabama, That section one of an act enti- 
tled " An act to establish a State normal school and uni- 
versity for the education of colored teachers and stu- 
dents," approved December 6, 1873, which is in words 
Recital of eec- and figures as follows, viz : " Section 1. Be it enacted by 
tion one. ^.j^^ Board of Education of the State of Alabama, That 
if the president and trustees of Lincoln School, located 
at Marion, shall place at the disposal of the board of 
education the school building for the use of said normal 
school and university, in accordance with articles of 
agreement that may be entered into between the presi-^ 
dent and trustees of said Lincoln school and the direct- 
ors hereinafter named, there shall be permanently estab- 



53 1874 

lished in said school building a State normal school and 
university for colored teachers and students ; and said 
normal school and university shall be organized and 
operated under such restrictions and on such conditions 
as may be provided by law ; Provided, That any pupil 
may be released from all obligation to teach by paying 
a moderate tuition for the time he may attend the nor- 
mal school and university ; Provided, That as an addi- 
tional consideration for the above named use of said 
school building, there shall be annually appropriated 
and set apart, from and after the 1st day of January, 1874, 
two thousand dollars of the general educational fund ap- 
portioned to the colored race, for the support and main- 
tenance of said normal school and university ; Provided, 
That no portion of said sum shall be used for any other 
purpose whatever than the payment of teachers of said 
normal school," — be and the same is hereby amended, 
so as to read as follows, viz : " An act to establish a State 
normal school and university for the education of colored 
teachers and students. Section 1. Be it enacted by the 
Board of Education of the State of Alabama, That if 
the president and trustees of Lincoln school, located at 
Marion, shall place at the disposal of the board of edu- 
cation the school building for the use of said normal 
school and university, in accordance with articles of 
agreement that may be entered into between the presi- 
dent and trustees of said Lincoln school and the direct- 
ors hereinafter named, there shall be permanently estab- 
lished in said school building a State normal school and 
university for colored teachors and students ; and said 
normal school and university shall be organized and 
operated under such restrictions and on such conditions 
as may be provided by law ; Provided, That any pupil 
may be released from all obligation to teach, by paying 
a moderate tuition for the time he may attend the nor- Amendment 
mal school and university ; Provided, That as an addi- increases ap- 
tional consideration for the above named use of said ^4 000!^*^*^° *° 
school building, there shall be annually appropriated 
and set apart, from and after the first day of January, 
1874, four thousand dollars of the general educational 
fund apportioned to the colored race for the support and 
maintenance of said normal school and university ; Pro- ' 

vided, That no portion of said sum shall be used for any 
other purpose whatever than the payment of teachers of 
said normal school. 



1874 5(4 

Sec. 2. Be it further enacted, That section two of the 
above recited act, which is in words and figures as fol- 
Sectiontwore-lows, viz: "Section 2. Be it further enacted, That Por- 
cited. ter King, John Harris, Joseph H. Speed, A. H. Curtis, 

John Dozier, J. H. Sears, John T. Foster, shall consti- 
tute a board of directors, which shall be known by the 
name and style of the Board of Directors of the State 
Normal School and University for the colored race ; and 
said directors shall hold their office at the pleasure of 
the board, and shall receive no compensation," — be and 
the same is hereby amended, so as to read as follows. 
Amendment "^^^ • Section 2. Be it further enacted. That Porter King, 
changes board John Harris, G. W. Lovelace, John Moore, Peter Hurt, 
of directors, j^^ jg_ Mardis and A. H. Curtis shall constitute a board 
of directors, which shall be known by the name and style 
of the Board of Directors of the State Normal School 
and University for the colored race ; and said directors 
shall hold their office at the pleasure of the board, and 
shall receive no compensation. 
Eepeaiing sec- Sec. 3. Be it further enacted, That sections one and 
tion. two of the above recited act amended by this act, and 

inconsistent with this amendment, are hereby repealed. 
Approved December 15, 1874. 



No. 55.] AN ACT 

To provide for the disbursement of school money in the 
county of Mobile. 

Section 1. Be it enacted hy the Board of Education of 
Funds paid in- ^^^^ State of Alabama, That in the county of Mobile all 
to bank, and collections of money for school purposes, which in other 
board o^t^com^ counties are to be paid to the county superintendent of 
missioners. education, shall, by the tax collector and other collectors 
of school funds, be paid into the bank which is the de- 
pository of State and county funds, to be paid on checks 
and orders of the board of school commissioners, or under 
their authority, in the same manner as county funds are 
now required to be paid. 

Approved December 18, 1874. 



55 1874 

No. 56.] AN ACT . 

To define the authority and prescribe the duties of the . 
Board of Regents of the State University. 

Section 1. Be it enacted by the Board of Education of 
the State of Alabama, That the board of regents of the Authorities. 
State Universfty shall have the authority and perform 
the duties hereinafter set forth, and such other authority 
and duties as may hereafter be authorized and prescribed 
by the board of education of the State of Alabama : 

1st. To expend and disburse the income of the Uni- ji^y expend 
versity fund, and the income of the institution in such and disburse 
manner as may best promote the interest of the univer- ^^ ' 
sity. 

2d. To elect a president and faculty, and all other 
necessary officers, prescribe their duties, and fix their ^^^ ®a!i d °fix 
compensation, or reduce the same ; the reduction not to salary. 
take effect until the close of the scholastic year in which 
such reduction is made. 

3d. The regents may at any meeting remove, for neg- May remove, 
lect of duty, misconductj or incompetency, any officer or foi" cause. 
professor; Provided, No such removal shall be made, proviso, 
unless two-thirds of the whole number of regents vote 
in favor of the removal. 

4th. A majority of the entire board may consolidate May consou- 
any chair with another, or abolish it. <iate.' 

5th. To regulate the price of tuition, and prescribe 
the course of studies to be pursued, or authorize the tionf ^ 
faculty to do so. 

6th. To prescribe rules and regulations for the govern- May prescribe 
ment of the University. 

Approved November 28, 1874. 



No. 57.] AN ACT 

To ratify and confirm previous acts of the Board of Re- 
gents of the University of Alabama. 

Section 1. Be it enacted, hy the Board of Education of 
the State of Alabama, That all acts, resolutions and ap- Acts, &c., con- 
propriations, of whatsoever nature, that have heretofore "^^^ ' 
been enacted or made by the board of regents of the 



1874 56 

University of Alabama^ be and the same are hereby rat- 
ified and confirmed in all things. 
Approved December 3, 1874. 



. No. 58] AN ACT 

• 
To prescribe the time of meeting and rate of compensa- 
tion of the Board of Kegents while sitting in Mont- 
gomery. 

Section 1. Beit enacted by the Board of Education of 
Annual meet- the State of Alabama, That the board of regents of the 
^"S. State University shall meet annually in the city of Mont- 

gomery; but said board of regents shaU not sit and 
transact business during the session of the board of ed- 
ucation. 
Time of meet- Sec. 2. Be it further enacted, That the board of regents 
^^s- shall be called to order by the president of the board of 

education, immediately after the adjournment sine die of 
the board of education, and may continue in session 
Compensation three days, and while sitting as a board of regents shaU 
sion. ' receive as compensation three dollars per diem, but shall 

receive no compensation for mileage; Provided, That 
no per diem shall be received for the day on which the 
board of education adjourns. 

Sec. 3. Be it furtJier enacted. That section two of an 
act of the board of education, entitled "An act to fix the 
time and place of meeting of the board of regents of 
the State University," approved December 5, 1873, be 
^nd the same is hereby repealed. 
Approved December 3, 1874. 



ProvisQ. 



57 1874 

No. 59.] AN ACT. 

To amend section two of an act entitled "An act to 
prescribe the time of meeting and rate of compensa- 
tion of the Board of Regents while sitting in Mont- 
gomery," approved December 3, 1874. 

Section 1. Be it enacted hy the Board of Education of 
the State of Alabama, That section two of an act entitled 
"An Set to prescribe the time of meeting and rate of 
compensation of the board of regents while sitting in 
Montgomery," approved December 3, 1874, which gec-^®*''*'^^'"''- 
tion two is in the following words and figures, to-wit : 
"Sec. 2. Be it further enacted. That the board of re- 
gents shall be called to order by the President of the 
Board of Education immediately after the adjournment 
sine die of the Board of Education, and may continue in 
session three days, and while sitting as a board of re- 
gents shall receive as compensation three dollars j9er 
diem, but shall receive no compensation for mileage ; 
Provided, That no per diem shall be received for the 
day on which the Board of Educatioa adjourns," — be 
and the same is hereby amended so as to read as fol- Section as 
lows, to-wit : Sec. 2. Be it further enacted, That the a^^^^^^e^- 
board of regents shall be called to order by the Presi- 
dent of the Board of Education immediately upon the 
adjournment sine die of the Board of Education, and 
may continue in session three days, and while sitting as 
a board of regents shall receive as compensation four 
dollars per diem, but shall receive no compensation for 
mileage ; Provided, That no per diem shall be received 
for the day on which the Board of Education adjourns. 

Approved December 5, 1874. 



No. 60.] ■ AN ACT 

To prescribe and regulate the compensation of the 
members of the Board of Regents of the State Uni- 
versity. 

Section 1. Be it enacted hy the Board of Education of 
the State of Alabama, That the members of the board of 
regents of the State University shall receive, while sit- 



1874 



58 



^^f"j^®°^g^^Jting as a board of regents at the State University, as 
lowed. compensation, four dollars per diem while in session as 

such board, and four dollars for every twenty miles 
traveled in going to and returning from the sessions of 
de- such board ; the distance to be determined by the affi- 
by davit of the respective members and to be computed by 
the nearest public route usually traveled between the 
member's home and the State University ; Provided^ 
That any member in going to or returning from the 
University shall only charge for the actual number of 
miles traveled, whether he go by private or public con- 
veyance ; Provided, They shall receive compensation 
for not more than eight days. 

Sec. 2. Be it further enacted, That all laws and parts 
Repealing sec- of laws in conflict with the provisions of this act be and 
the same are hereby repealed, 
Approved December 5, 1874. 



Distance 
termincd 
affidavit. 



Proviso. 



Limitation. 



EBSOLUTIONS. 



No. 1.] EESOLUTIOK 

Be it resolved hy the Board of Education of the State 
of Alabama, That the secretary of the Board of Educa- 
tion be and is hereby authorized and required to have 
pubHshed in pamphlet form five hundred copies of the 
journals of proceedings and resolutions of the Board of 
Education and board of regents of the University of 
Alabama at their present session, and of the board of 
regents at their July session, 1874, and also two thou- 
sand copies in pamphlet form of the acts of the Board 
of Education passed at this session, which become laws ; 
such publication to be made under the direction and 
supervision of the' Superintendent of Public Instruction, 
and at the earliest day practicable. 

Be it further resolved, That said secretary be and is 
hereby authorized and required to have expressed to 
each member of the Board of* Education twenty copies 
of the pamphlet containing the journals and resolutions, 
and also twenty copies of the pamphlet containing the 
acts when published, and deliver the remainder to the 
Superintendent of Public Instruction, 

Be it further resolved, That said secretary of the Board 
of Education be allowed one hundred and twenty-five 
dollars for preparing said journals, acts and resolutions 
for publication, and reading and correcting the proof 
sheets of the same ; and the Superintendent of Public 
Instruction shall certify said amount to the Auditor, 
who shall draw his warrant on the State Treasurer in 
favor of said secretary for the same. 

Approved December 14, 1874. 



1874 60 

No. 2.] EESOLUTION. 

Resolved, That the Superintendent of PubUc Instruc- 
tion is hereby authorized to certify the account of Jas. 
T. Greene to the amount of $50.00, for extra services as 
secretary of this board, to the Auditor, who shall draw 
his warrant on the Treasurer for said amount in favor 
of said J. T. Greene. 

Approved December 14, 1874. 



INDEX. 



Apportionment— 

Local school funds, liow made 15 

Poll taXj made by county superintendents 32 

School funds other than poll tax 33 

Mobile county school funds 36 

Appeopriations — 

For contingent fund 13 

To Lincoln College increased 53 

Auditor of State — 

To draw warrants for balance due counties under act 

General Assembly, approved AprU 19, 1873 7 

To draw warrants on contingent fund 13 

Duties, under act requiring school funds to be paid over 

to county superintendents 31 

To draw certain warrants on school fund 34 

To draw warrants in favor clerk Board of Education. . 59, 60 

Baldwin County — 

Act requiring county superintendent to have office at 
court-house repealed 43 

Bibb Counny — 

Sale of 16th sections suspended in 46 

Blount County — 

Sale of 16th sections suspended in. 46 

Board oe Education — 

Publication of proceedings provided for 59 

Board of Eegents — 

Authorities and duties of defined 55 

Acts of ratified and confirmed 55 

Time of meeting, and compensation when sitting in 
Montgomery 56 



62 

Section 2 of above act amended 57 

Compensation of when sitting at University. . . . 57 

Bonds — 

County superintendents required to give new 17 

Trustees to sell or lease 16th sections 20 

Of county superintendents 28 

Brown's Text Books — 

Act for introduction of repealed 16 

Cade, Jas. C. (Pike County) — 

Belief of 38 

Census — 

Taken by trustees 21 

In city of Huntsville, when taken 47 

Cities — 

Exempted from provisions of act regulating free public 

schools 13 

Cherokee County — 

Election for county superintendent for authorized ...... 40 

Sale of 16th sections in suspended 46 

Claeke County — 

Belief of Aaron Thornton 37 

Clay County — 

Sale of 16th sections in suspended 46 

Cleburne County — 

Sale of 16th sections in suspended 46 

Claims, School — 

EiUng and adjusting unpaid, provided for. 3 

Payment of certain unpaid, provided for 5 

Clerks — 

Appointment of, by board of trustees 22 

Codification and Publication — 

Of school laws provided for 14 

Collectors, Tax— 

Act imposing certain duties on, repealed 15 

Final settlement of with county superintendents, when 
made . 27 

Duties of as to school funds defined 33 

Collins, Jno. S. — 

Election of as superintendent of Jackson county ratified 37 
Compensation — 

Act providing for of county treasurers repealed 24 

Act providing for of county superintendents 28 

Contingent Fund — 

Appropriation for 13 



63 • 

Coosa County — 

Sale of 16th sections in suspended. 46 

Covington County — 

Belief of W. E. Jones, late superintendent of 43 

Dadeyille (Tallapoosa County) — 

Constituted a separate school district 50 

Dale County — 

Township 5, ranges 23 and 24 in, consolidated 39 

Act requiring superintendent of to have an office at 
court-house, &c., amended 39 

Act making Ozark separate school district repealed .... 42 
DeKalb County — 

Election of superintendent for provided for 40 

Sale of 16th sections in suspended 46 

DeLemos, Ben — 

Belief of 44 

Disbuesement — 

Of school fund regulated ■. 33 

Of Mobile county school fund 36 

Of Mobile county school fund 54 

Elections — 

Term of office of county superintendents extended to 
genera], in 1876 6 

Of county superintendent in Jackson county confirmed.. 37 

Of superintendents in counties of Cherokee, DeKalb and 
St. Clair authorized 40 

Of county superintendent in Marshall county confirmed 42 
Etowah County — 

Sale of 16th sections in suspended 46 

Expenses, Teavelling — 

Act allowing to county superintendents repealed 14 

Fayette County — 

Sale of 16th sections suspended in 46 

Huntsville, City of — 

Constituted a separate school district 46 

Act establishing normal school amended 51 

Jackson County — 

Election of county superintendent for confirmed 37 

Jeffeeson County — 

Sale of 16th sections in suspended 46 

Jones, W. B. (Covington county) — 

Belief of 43 

Lewis, W. L; (Talladega county) — 

BeUef of 38 



64 

Limestone County — 

Act requiring county superintendent to have office at 

court-house amended 39 

Lincoln College (Marion) — 

Act establishing amended 52 

Local School Funds — 

How apportioned 15 

Lowndes County — 

Relief of Ben DeLemos 44 

Madison County— 

A. W. McCullough, county superintendent, removed 
from office ' , . . 35 

Newman, W. P., appointed superintendent of 36 

Huntsville constituted a separate school district 46 

Maeion County— 

Sale of 16th sections in suspended 46 

Marshall County— 

Election of county superintendent in, confirmed 42 

MaySew, T. J., (Madison county) — 

Appointed superintendent of city of Huntsville ......;. 46 

McCullough, A. W^, (Madison county)— 

Removal from office as county superintendent 35 

McDaNiel, a. J., (Marshall county) 

Election of as county superintendent, ratified 42 

McNeil, H. A., (Montgomery county) — 

Relief of 44 

MoSiLE County — 

Exempted from provisions of act for disbursement of 
public school fund 33 

Apportionment and disbursement of fund of 36 

School fund to be paid into bank ; 54 

Montgomery County — 

Relief of H. A. McNeil 44 

Poll-tax to be kept separate from city poll-tax 45 

Newman, W. P., (Madison county)— 

Appointed county superintendent 36 

Normal Schools — 

Act establishing Huntsville, amended 51 

Act establishing Lincoln (at Marion), amended 52 

Opelika, (Lee county) — 

Act establishing public sdhools in, amended 45 

Election of school trustees in 48 

Sections 6 and 7 of act establishing public schools in, 
amended 48 



65 

Ozark, (Dale countyj — 

Act makiijg separate school district, repealed 42 

Public Schools — 

Act regulating free 8 

Location and organization of 21 

Sites for, how obtained 22 

Pike County — 

Belief of J. C. Cade 38 

Poll-tax, County — 

Apportionment of, how made 32 

Monthly payments of, to county superintendents 33 

Eandolph County — 

Sale of sixteenth sections in, suspended 46 

Eegents, Board of— 

Authorities and duties of, defined 55 

Acts o , ratified and confirmed 55 

Time of meeting and compensation, when sitting in Mont- 
gomery 56 

Amendment of section 2 of above act 57 

Compensation, when sitting at University 57 

Relief— 

Aaron Thornton (services in 1872) 37 

W. L. Lewis (services in 1874) 38 

J. C. Cade (services in 1873) 38 

W. K Jones (services in 1870) 43 

H. A. McNeil (services in 1871-2) 44 

Ben. DeLemos (services in 1869 and '70) 44 

Resolutions — 

Authorizing publication of journals and acts 59 

Providing compensation of secretary of Board 59-60 

Salaries — 

Act fixing salaries of county superintendents, approved 

1871, repealed 16 

Act prescribing salaries of county superintendents 24 

School Funds — 

Local, how apportioned 15 

Section 9 of act for disbursement of, approved December, 

1873, repealed 24 

For disbursement of 33 

Schools, Free Public — 

Act regulating 8 

Location and organization of 21 

Sites for, how procured 22 

School Laws — 

Codification and publication of, provided for 41 



66 

Sections 4, 14, 15, 16, 19 and 20, article X of, repealed . . 15, 
Act imposing certain duties on tax collectors, repealed . . 15 

Article IX of codified laws, repealed 18 

In relation to transfers, approved December, 1871, re- 
pealed 18 

Defining duties of county superintendents, approved 1868, 

repealed ■. 19 

Protecting parents, &c.,in matter of text-books, repealed. 20 
For disbursement of school fund, approved December, 

1873, repealed 24 

Section 986 of the Revised Code in relation to transfers, 
amended 31 

Secretaey, Board of Education — 

Duties and compensation of, under resolutions 59-60 

Shelby County— 

Sale of sixteenth sections in, suspended 46 

SixTEENTPi Sections — 

Trustees to give bond, to sell or lease 20 

Trustees required to report income of 21 

Sale of, suspended in certain localities ' 46 

St. Clair County — 

Election of superintendent for, authorized. 40 

Superintendents, County — 

Duties under act relative to unsettled claims 4-5 

Act providing for removal of, repealed 6 

Term of office and removal of 6 

To report balances due on Auditor's warrants 7 

Authorities and duties under act regulating pub. schools. 12 

Act providing for travelling expenses, repealed 14 

Bequired to give new bonds 17 

Act approved 1868, definiDg duties of, repealed 19 

Dut es and compensation of 24&29 

Duties under act requiring county treasurers to pay over 

school funds 81 

To apportion poll-tax 32 

To pay teachers promptly 34 

Superintendent Public Instruction — 

Duties, under act for filing, &c., unpaid claims 4 

Authorized to remove county superintendents and fill va- 
cancies 6 

To certify balances due counties, to Auditor 7 

To issue certificates on contingent fund 13 

Authorized to codify school laws 14 

Authority in relation to county superintendents' bonds. . 17 



67 

Duties, under act requiring school funds to be paid over 

to county superintendents 31 

To certify deficiencies in school funds to Auditor 84 

Duties, under act authorizing election of county superin- 
tendents in certain counties 41 

To certify accounts of secretary of Board 59-60 

Talladega County — 

Belief of W. L. Lewis 38 

Tallapoosa County — 

Sale of sixteenth sections in, suspended 46 

Dadeville, made a separate school district 50 

Tax Collectoks — 

Act imposing certain duties on, repealed 15 

Final settlement of, with county superintendents 27 

Duties of, as to school funds set forth 33 

Teachers, Public School — 

Act fixing salaries of, approved December, '71, repealed. 16 

Duties of, prescribed 18 

Removal of 21 

Text Books — 

Act introducing Brown's grammars, repealed 16 

Act protecting parents, &c., in matter of, repealed 20 

Thobnton, Aaron — 

Relief of 37 

Towns, Incorporated — 

Exempt from provisions of an act regulating free public 
schools 13 

Transfers — 

Of pupils, how made '. 22 

Section 986 Revised Code in relation to, amended 30 

Treasurers, County — 

Sundry duties, in relation to drawing school moneys from 

State treasury 7 

To pay over school funds to county superintendents .... 30 
Duties, in turning over school moneys 34 

Treasurer, State — 

To set apart certain school funds 34 

Trustees, Township — 

Duties, under act regulating public schools . 8 

Duties and powers of, prescribed 20 

TUSKALOOSA CrUNTY— 

Sale of sixteenth sections in, suspended 46 

Walker County — 

Sale of sixteenth sections in, suspended 46 

Winston County — 

Sale of sixteenth sections in, suspended 46 



